If you’re seeking a divorce and are concerned about your child custody agreement, you may need help for a fair case. Talk about your case with a lawyer who can help you determine the best options for your case.
Seeking a divorce from someone you have lived with for years can be difficult, even if you’ve grown apart. Worse, you’re also facing questions and concerns for your children. They’re part of the family, and they’re dependent on you and your spouse. That means they’ll be a large part of the divorce considerations.
At Talley, Turner, Stice & Bertman, we know that ensuring your kids have a happy, healthy home is important to you. That’s why you need a child custody lawyer on your side during a divorce. Knowing your children are happy and healthy is important, so reach out for the answers you need.
When determining child custody, it’s important to talk to your attorney about the type of custody agreement that’s best for you and your family. The details will help you and your lawyer understand what you’re looking for and what best meets your children’s needs.
For example, if you and your spouse are on good terms, or if you both want to continue raising the children, joint custody may be best. This option means that you’ll decide a schedule for child care, where one parent will have custody for part of the time and then the other will take over.
However, you might instead be concerned about your children. If you believe your spouse might put your children in danger or neglect them, you might seek sole custody. This means that you’ll be the only parent with physical custody of the children at any time.
If a child is born to unmarried parents, Oklahoma law gives custody to the mother by default. However, that can change if the father establishes legal paternity. He can do this by signing an acknowledgment of paternity or securing a court order. If parents do not establish legal paternity, fathers do not have enforceable custody or visitation rights.
Once paternity is established, custody and visitation matters follow the same rules used for divorcing parents. Courts make custody decisions for unmarried parents based on what arrangement best serves the child, not what the parents prefer.
Parental relocation can trigger major custody issues in Oklahoma. State law defines relocation as a move to somewhere more than 75 miles away from the child’s principal residence for at least 60 days. Any parent who plans to make such a move must give written notice to the other parent at least 60 days before leaving. That notice must include the new address, the reason for moving, and a proposed visitation plan.
The other parent then has 30 days to file an objection. If the other parent objects, the court will hold a hearing to decide whether the move is in the child’s interests. If a parent attempts to move without following this process, they can face serious legal consequences, including contempt charges or even a change in their custody rights.
Yes. Oklahoma law allows parents to create their own custody plans and submit them for court approval. These plans can cover living arrangements, school decisions, health care, and visitation schedules. Courts usually accept agreements that meet legal requirements and reflect the child’s best interests. Parents can file joint plans, or each parent may submit their own version for review. The court will review the details of any proposed plans and decide whether to approve, reject, or adjust them.
Parents who can reach independent agreements outside of court often save considerable time and money. These agreements can also reduce conflict and make things easier on children since both parents take part in shaping the outcome. However, the final say always rests with the court, and the court’s priority is always the child’s best interests.
Custody orders are not set in stone. Oklahoma courts allow modifications if the circumstances call for a new arrangement. A parent who wants to modify an order must provide evidence of a material change that affects the child’s well-being before the court will approve the change. Common justifications for custody changes include parental relocation, serious safety concerns, or repeated violations of existing orders. Judges look closely at whether the proposed change will benefit the child. Courts will only approve a change if it promotes stability and supports the child’s overall welfare.
If you’re seeking sole custody, your child custody lawyer may discuss how important your child’s best interests are with you. Often, this helps determine where the child is placed and what rights each parent has to the children.
Typically, you and your lawyer might look for evidence that you’re the best fit for sole custody. For example, you might have a better-paying job, or you may live closer to their school. In other cases, you might try to prove the other parent is unfit, especially if there’s evidence or history of abuse in the household.
Once the child’s best interests have been considered, the judge will make a decision on your custody agreement.
In addition to sole vs. joint custody arrangements, Oklahoma also distinguishes between legal and physical custody. Legal custody is the right to make decisions about a child’s life and upbringing. Parents with legal custody choose how a child will be educated, what medical treatment they receive, and what role religion might play in their life and educational decisions. Physical custody, often called primary custody, determines where a child lives on a daily basis.
One parent might have both types of custody, or parents could share them. Courts may also split these responsibilities in various ways based on what benefits the child. For example, one parent might have primary physical custody, while both share joint legal custody.
If a child is born to unmarried parents, Oklahoma law gives custody to the mother by default. However, that can change if the father establishes legal paternity. He can do this by securing a court order. If parents do not establish legal paternity through court order, fathers do not have enforceable custody or visitation rights.
Once paternity is established, custody and visitation matters follow the same rules used for divorcing parents. Courts make custody decisions for unmarried parents based on what arrangement best serves the child, not what the parents prefer.
Parental relocation can trigger major custody issues in Oklahoma. State law defines relocation as a move to somewhere more than 75 miles away from the child’s principal residence for at least 60 days. Any parent who plans to make such a move must give written notice to the other parent at least 60 days before leaving. That notice must include the new address, the reason for moving, and a proposed visitation plan. Failure to provide adequate notice can prevent a relocation so it is imperative you seek advice of counsel to provide the appropriate notice.
The non-relocating parent has 30 days to file an objection upon receipt of notice. If the non-relocating parent objects, the court will hold a hearing to decide whether the move is in good faith and in the child’s interests. If a parent attempts to move without following this process, they can face serious legal consequences, including contempt charges or even a change in their custody rights.
Yes. Oklahoma law allows parents to create their own custody plans and submit them for court approval. These plans can cover living arrangements, school decisions, health care, and visitation schedules. Courts usually accept agreements that meet legal requirements and reflect the child’s best interests. Parents can file joint plans, or each parent may submit their own version for review. The court will review the details of any proposed plans and decide whether to approve, reject, or adjust them.
Parents who can reach independent agreements outside of court often save considerable time and money. These agreements can also reduce conflict and make things easier on children since both parents take part in shaping the outcome. However, the final say always rests with the court, and the court’s priority is always the child’s best interests.
Custody orders are not set in stone. Oklahoma courts allow modifications if the circumstances call for a new arrangement. A parent who wants to modify an order must provide evidence of a material change that affects the child’s well-being before the court will approve the change. Common justifications for custody changes include parental relocation, serious safety concerns, a child’s intelligent preference, or repeated violations of existing orders. Judges look closely at whether the proposed change will benefit the child. Courts will only approve a change if it promotes stability and supports the child’s overall welfare.
When you’re concerned about your custody arrangement, you’re not just worried for yourself. Your children will be affected by your choices, and you’ll want to make sure that they’re getting the safe, healthy home they deserve.
If you’re struggling to make sure that happens, a family lawyer from Talley, Turner, Stice & Bertman can help. We understand how difficult it can be to seek out a fair child custody decision alone, which is why we’re ready to help you, starting with a consultation about your divorce and child custody situation.
When you’re ready to work with a child custody lawyer, give us a call at 405-364-8300 or complete the online form.
