Oklahoma Child Custody

Posted by admin on April 27th, 2006

Oklahoma has several different forms of child custody that is available for divorced parents. The type of custody that is chosen should be in the best interest of the children involved.

The different forms of child custody under Oklahoma law include:

Joint Custody is where both parents share in all the aspects of rearing their children including physical and legal care, custody and control their children.  If parents desire this type of custody they must apply to the court for a joint child custody plan. This plan will explain the time sharing between each parent and their children and the time should be split equally between both parents.

Sole Custody is where one parent will be responsible for the caring and well being of the children, and the non-custodial parent will have reasonable visitation rights and a schedule set forth for the times they can visit.

Split Custody is where each parent will have custody of one of their children.

Birdnesting is a type of divided custody. The children will always live in one home and the parents are the ones that rotate from home to home. The parents do not have to live in the same quarters, but will share equal time in the home according to a schedule that is agreeable to both parents.

Oklahoma has a few guidelines to aid the court and the judges to make decision concerning child custody that will ensure what is in the best interest of the children. The guidelines include:

* Domestic Abuse, if a parent has been convicted of child abuse or if anyone in the home has been convicted of abuse child custody will not be awarded to that parent, and visitation will be only under supervision.

* If the parent or anyone in the home has a problem with substance abuse.

* The relationship each parent has with the children.

* Evidence of immoral behavior in which it could harm the children, such as exposing the children to improper sexual contact and exposing the children to drug use.

* Oklahoma Law shows no preference to race, gender or if the parent wishes to have the children attend public school, private school, or home school.

* Which parent would be more apt to allow a continuing relationship with the other parent and allow frequent and continuing contact.

In the state of Oklahoma children are not heard in most cases. In 2002, Oklahoma passed a law that does allow children over the age of 12 to express their preference. The child’s testimony will not be heard in court but will be heard only in the judge’s chamber. At this time, the judge will decide if the child’s preference is in the best interest of the child.

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