How to Get Sole Custody in Oklahoma
The reason why most people file for divorce is that their marriage is not working out and is no longer meeting their needs or making them happy. Your decision to divorce may or may not be mutual with your prospective ex-partner, and if you have children, the divorce process can be highly contentious and emotional. This is especially true if one or both parties are seeking sole custody of the children.
Simply being angry at your spouse after a tumultuous marriage is not going to be sufficient reason to be awarded sole custody of children. In Oklahoma, the courts place priority on what situation is ultimately best for the children’s interests. So even though you may have reason to despise your ex, that does not mean that your children will benefit from not having your ex in their life or having limited access to them.
To learn more about what situations may warrant sole custody in Oklahoma, the Oklahoma City family law attorney at the Putnam Law Office can help.
Reasons for Sole Custody in Oklahoma
If you are awarded sole child custody in Oklahoma, you may have either physical sole custody or physical and legal custody of your children. Physical sole custody means that your children live with you exclusively. Legal custody is your right to make decisions regarding how your children will be raised. In some situations, it is clear that sole custody, whether physical or physical and legal, is necessary. In others, though, it can be ambiguous, and a court will always want to ideally keep both parents in the lives of their children when possible. Therefore, depending on your situation, getting sole custody could be a challenge.
The court will look at many things to determine custody arrangements. These would include
- What the parents want.
- What the children want.
- The stability and financial health of each parent.
- The home environment each parent can provide.
- The relationship children have with extended family.
- Misconduct, criminality, or abuse.
- The nature of the living arrangements.
In situations where there is documented domestic violence, child neglect, or abuse by one spouse, the other may be granted sole custody to keep the children out of harm’s way. This may result in one parent losing custody rights completely.
Potentially one parent is determined to be unfit. If a person has a serious mental deficiency, is incompetent, or is incapacitated, this, too, could be a reason for awarding sole custody.
It is essential to have the documentation and evidence to show that one parent is better suited for caring for children entirely than the other. The court will not take this decision lightly, so robust evidence will be necessary.
Speak with a Divorce Attorney at the Putnam Law Office
If you believe that your children should be with you and your ex should have limited access or no interaction with them at all, you will need aggressive and experienced legal support to advocate on your behalf. Call the Putnam Law Office to schedule a free consultation at (405) 849-9149.