How the Child’s Best Interests Are Determined for Child Custody
Divorce comes with several changes to finances and arrangements with children. The law mandates that any legal decisions regarding children should be made with the child’s best interests in mind. This does not mean making decisions based on what the child wants, but rather on what would most benefit the child in the long run. Each state has its own factors for deciding child custody, but there are some universal standards shared by all states. If you are experiencing trouble with child custody arrangements, talk to an Oklahoma City Divorce Lawyer.
Oklahoma Standards for Child Custody Orders
Oklahoma has a set of standards for courts to follow when it comes to deciding child custody. The child is protected by law from emotional or physical abuse and can be removed from the abuser’s home if necessary to prevent further harm. However, the court will attempt all other efforts to prevent the need to remove a child from the home. This is because family bonds are also protected to maintain the emotional needs of the child.
In some cases of divorce, abuse may occur or be discovered. Abuse or domestic violence can be a major deciding factor in who will end up obtaining full custody of the child. The child’s education and health needs are also considered for full custody arrangements and visitation rights. Courts will favor the parent who can provide these needs and will place the child away from the parent who may harm the child’s needs.
How Custody is Decided in Court
Lawyers will present the court with facts, evidence, and arguments for why the child should be with one parent or both parents. The Guardian ad litem will present recommendations for child custody decisions and these will also be taken into account. However, the final decision will come down to the judge. The judge will deliver the final child custody orders for each parent based on certain factors.
Judges will look for evidence of child abuse, domestic violence, and the quality of home environments for each parent. Parent personalities, incomes, and mental health will also be examined. A child’s best interests would be to not live with a parent with serious mental illness if the other parent is capable of providing for the child. If the child is of age, that child may be able to choose which parent to live with.
The judge will also try to keep siblings together for emotional support so if one parent gains custody of one child, that parent may gain custody of the other children.
Oklahoma Family Attorney
Making decisions regarding child custody can be overwhelming due to all the emotions involved. This is why many people turn to lawyers for guidance and to avoid losing custody of their children. Talk to an Oklahoma Family Lawyer if you have experienced trouble with any legal decisions regarding your children or if you received custody orders you feel are unfair. Call the Putnam Law Office at (405)-849-9149 for a consultation today. Mr. Putnam is an Oklahoma City, OK attorney who puts clients first.
