Who Is Not Allowed to Have Child Custody?

Certain factors can prevent parents from having custody of their children. Being aware of the factors that can make you or your spouse ineligible for child custody can be helpful. This provides greater preparation for the potential outcomes of the divorce. Some of these factors may leave room for negotiation in the courtroom. Consider hiring an Oklahoma City family lawyer if this is something you are thinking about.

Who is Ineligible for Child Custody?

Judges follow the best interests of the child standard when deciding whether a parent should have sole or joint child custody. There are four instances in Oklahoma where child custody is usually not provided. These revolve around the safety of the child.

What all four of these have in common is having a criminal record. A parent who was charged with domestic violence, a sex crime, child abuse, or substance abuse could beblocked from child custody. The logic behind this is that parents with these charges pose a risk of harm to their children.

Since judges are mandated by law to decide child custody based on the best interests of the child standard, they must consider child safety. Past criminal charges, particularly with sex crimes and physical abuse, raise red flags for judges. However, in some cases, a judge will reconsider child custody if the parent in question provides evidence to the contrary.

Some parents may have been charged with crimes, but in the distant past, before they became parents. Depending on the context of the situation, judges may grant child custody to parents with a criminal history. This may also happen with parents who abused substances in the past if the parents demonstrate no current substance use and healthy mental stability.

Other Factors that Decide Child Custody

Other determining factors of child custody include the quality of the parent relationship with the child, parenting skills, and the ability to provide for the child. These factors also come from the best interests of the child standard. Not only does this cover the physical safety of the child but also psychological well-being.

Family court judges are expected to ensure the parent seeking custody can provide for the child’s health, education, and well-being. This means making sure the parent has a demonstrated ability to provide material needs, foster education, and can keep up with medical needs. Parents who were or will be mostly absent from the child’s life may have a harder time gaining sole custody.

Mental stability is also heavily considered. Parents with past and current mental health problems will be evaluated for their ability to care for the child. Try contacting an Oklahoma City divorce lawyer if you have any concerns or questions.

Family Attorney in Oklahoma City

Going through a child custody dispute during a divorce can be frustrating. Start by discussing your situation with an Oklahoma divorce lawyer who can help you with the child custody arrangements. Contact the Putnam Law Office at (405)-849-9149 for a consultation today. Mr. Putnam is an experienced attorney in Oklahoma City, OK who is prepared to help you achieve the goals you want for the divorce.