Child custody battles are difficult and can strain families emotionally, physically, and financially. Whether it is the mother, father, or any other family member fighting for custody of the child, it is important that one understands the legal aspects of how child custody is viewed in Oklahoma. An Oklahoma custody lawyer can be an invaluable resource for people who are going through or are expecting to go through a child custody battle in Oklahoma.

Tulsa family law attorneys can provide help and resources for anyone struggling with child custody or any other family law-related situation. Our law firm understands that if you are facing any of these legal battles, it can often feel like your life is hanging in the balance. Our firm was founded with the intention of providing men and women with the support and resources they need to ensure they understand their rights and options during these pressing situations.

Best Interest of the Child

Oklahoma custody laws do not favor the mother or father in cases. Instead, custody laws require that the best interest of the child must be determined and adhered to in each and every case. In understanding the best interests of the child, a court may consider a few different factors. An important factor that is considered is the ability of each parent to meet the emotional and physical needs of the child.

The ability to meet the emotional and physical needs of the child is often examined by analyzing the parent’s housing situation and the parent’s ability to provide the child with his or her basic needs, such as food, clothing, and shelter. Another factor that will likely be reviewed by the court is the ability to create and maintain a supportive environment for the child.

The emotional and physical needs of the child are also often determined by the child’s age. An older child could have different needs than a younger child. Generally speaking, if a parent is able to demonstrate to the court their capacity to provide the child with a stable environment, be emotionally available, and be actively involved in the child’s life, then they could be considered to be meeting the child’s needs.

Sole Custody vs Shared Custody

The judge will often determine whether sole custody or shared custody is in the best interest of the child in Oklahoma. In a sole custody situation, the awarded parent has the sole decision-making authority regarding the child’s upbringing. In a shared custody situation, custody is awarded to both parents, and they both have equal decision-making authority.

There are instances in which sole custody is the better scenario, and there are situations in which shared custody is a better fit for the family. As mentioned earlier, the judge will rule in favor of what he or she believes is truly in the interest of the child on a case-by-case basis.

FAQs

Q: How Is Child Custody Determined in Oklahoma?

A: Child custody in Oklahoma is often determined by a judge. The judge will often award custody to the parent that they believe represents the interests of the child. This can include the mental, physical, and moral well-being of the child. The judge wants to ensure that the child is going to a good home environment and will be properly looked after. In most instances, each parent will present their case for child custody, and the judge will decide the outcome.

Q: What Rights Does a Father Have in Oklahoma?

A: In general, fathers have the same rights as mothers in Oklahoma. An important factor to note, however, is that if the father does not have his name on the birth certificate of the child or is not married to the mother, then the father does not have parental rights unless established by court order. The father must have paternity established in order to have parental rights. Generally speaking, when a child is born to a married couple, paternity is presumed for the father.

Q: Who Has Custody of a Child if There Is No Court Order in Oklahoma?

A: In situations in which there is no court order, both of the child’s parents may claim custody of the child. If the child was born to a married couple, the mother and the father are presumed to be the parents and are both able to claim physical custody. It becomes a little more complicated if the parents are not married. If the parents are not married, but the father’s name is on the child’s birth certificate, then the father can also claim custody, along with the mother.

Q: How Long Does a Child Custody Case Take in Oklahoma?

A: Each child custody case is different and contains unique circumstances that have to be considered. The timeline for these cases can range from a few months to years if the arguments presented in the case are complex. The quicker that the families can come to an agreement, the quicker the case can be settled. Custody cases can be assumed to take at least 30-60 days to be completed if the case is fairly simple or the families are in agreement.

Representatives Available For You

Filing a child custody claim can be a long and tedious process. As a parent, you deserve the right to pursue fair custody of your child. If you have been involved in a child custody or family law-related case and you need assistance with your case or understanding the options that might be available to you, contact Stange Law Firm. Our team is committed to helping families in divorce court or custody court reach the agreements they desire.

At Stange Law Firm, our mission is to assist clients in navigating the legal aspects of custody court with compassion. A child custody battle can be physically, emotionally, and financially draining, and our hands-on legal services can ensure that you understand your rights under Oklahoma law. We can explore every avenue and resource to determine how to properly counsel you regarding your custody case.