Whether the parents were married to each other or not, child custody is always one of the biggest issues for Tulsa family court, outside of divorce. Ideally, the parents should be able to consider the best interests of their children and come up with suitable child custody arrangements on their own. However, this result does not always happen, and a judge of a Tulsa family court must decide child custody for them.
Types of Child Custody
There are, generally, two types of child custody:
- Legal custody; and
- Physical custody.
Physical custody pertains to where the child actually resides, while legal custody pertains to which parent will have the legal authority to make decisions regarding the child’s welfare and upbringing.
Mothers are almost 5 times more likely to have physical custody of the children than fathers. However, when physical custody is given to the mother, the father almost always receives court-ordered visitation rights that must be honored by both parents.
Joint Custody
Tulsa family court also allows for joint custody in the following manner:
Under joint “physical” custody, the children live part time with each parent. This arrangement does not mean that the time spent between the parents is equal, but that both parents have frequent physical time with the children.
Under joint “legal” custody, one parent may be given physical custody of the children, while the other parent only enjoys visitation rights. Both parents, however, have an equal voice in the major decisions affecting the children’s lives.
It is believed, generally, that it is in the best interest of the child to have both parents involved in his or her life, legally and physically. With this in mind, it is increasingly common for courts to award the parents joint custody of their children whenever possible.
Deciding Child Custody
A Tulsa family court judge will issue the child custody order. If the parents can agree upon child custody arrangements that are fair and reasonable on their own, though, they will usually be approved by the court. However, if child custody remains a contentious issue throughout the divorce, the court will make the parenting arrangements for the family.
In doing so, Oklahoma applies the “best interest of the child” standard to determine both physical and legal custody. In making this determination, the court will factor in such things as:
- The health and age of the parents.
- The age, health, and sex of the children.
- The parents’ individual incomes.
- The parents’ individual lifestyles.
- The relationships the children have with each parent.
- The wishes of all parties concerned, including the children.
After considering these factors, if neither parent stands out as a more likely candidate for child custody, the judge will award custody to the parent who it believes will provide a more stable environment for the children.
Initial Strategy Session: Tulsa Family Law Attorney
An experienced divorce attorney can help you decide which child custody arrangement will be in your family’s best interest, as well as help you to seek modification of previous child custody orders. To find out more about joint custody in Oklahoma, call a Tulsa Attorney at (918) 932-2777. If you prefer e-mail correspondence, please send your question or inquiry using the form at the right side of this page.
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