How Does a Court Decide Custody in Oklahoma?
Part of divorce includes deciding who should have custody of the children. This involves deciding who will raise the child, who can make legal decisions for the child, and when visitation rights are permitted. Some married couples are able to come to an agreement without going to a divorce trial. A divorce trial happens when an agreement cannot be reached. In this case, the court will decide which type of custody matches the best interests of the child. If you have questions about this process, try talking to an Oklahoma Family Lawyer.
How Courts Determine Physical Custody
Courts follow certain laws regarding how physical custody of a child should be decided. Physical custody mandates who the child will live with. The child can take turns living with both parents in joint custody or may live primarily with one parent for sole custody. Sole custody may or may not come with visitation rights for the other parent. This depends on whether the other parent has acted in a way that has led to the suspension of their visitation rights.
Courts decide physical custody based on what each parent wants, the relationship between child and parent, and their relationship with other relatives. Education is also taken into account, along with religious affiliations and the environment the child will end up living in. Personality factors and habits of each parent will also be examined. A parent may have a harder time gaining full custody or joint custody if they struggle with substance addiction, mental illness, a history of abusing their child, or a lack of responsibility when it comes to taking their child to the doctor.
If a child has siblings that are close to them, courts may favor keeping them together for emotional support. A parent who is willing to work on a relationship with their child and who demonstrates their ability to provide for the child’s needs stands a greater chance.
Following the Best Interests of the Child
The best interests of the child are what courts use to ensure the child will be adequately taken care of. Legal decisions are made based on this standard. This does not mean the child’s wishes will determine legal decisions. These decisions are made based on the services, actions, and orders that will promote the child’s wellbeing when it comes to child custody orders.
Best interests include the home environment, the parent’s ability to raise the child, and the overall safety of the child. These make sure the child is educated, protected, and provided for.
Oklahoma City Family Attorney
Deciding who should receive child custody or which type of child custody is best for the child can be a difficult process. Consider seeking guidance from an Oklahoma Divorce Lawyer who can help you make the decisions that work best for your interests and the interests of your children. Call the Putnam Law Office at (405) 849-4898 for a consultation today. We will investigate your situation to defend your position when your goals are threatened. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.