Oklahoma Oklahoma

Child Custody Law

Child Custody General Information - What Is Child Custody?

Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent.

Child custody cases in Oklahoma can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things:

  • Where the child lives (physical custody)
  • Who is involved in making parenting decisions (legal custody)
  • How the visitation schedule with non-custodial parents or relatives is arranged

This page describes how a contested child custody case is handled in the Oklahoma court system, and what factors are used to determine which parent gets custody.

Oklahoma Child Custody Law Summary

After a breakup or divorce in Oklahoma, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support.

Some of the factors considered by Oklahoma in child custody cases include the child's wishes, willingness of the parent to cooperate with their partner and any history of domestic violence.

How is Information Disclosed in Terms of Correctional Facilities being Involved in the Case?

However, the patient is not entitled to the following information: Information compiled in anticipation of a civil or criminal proceeding or administrative action Information that is otherwise privileged Information that the person charged with the patient’s treatment determines to be “reasonably likely to endanger the life or physical safety of the patient or another person” Information obtained during research if the patient consented to temporary suspension of access while certain research is ongoing Information requested by an inmate that a correctional institution perceives as a safety risk Otherwise confidential information, the disclosure of which would result identify the source A valid release for disclosure must have the following information, and is not valid if expired, revoked, or material information included within is known to be false: The name of the program or person permitted to disclose the information The name of the entity or person intended to receive the disclosed information The name of the patient to whom the record pertains The purpose of the disclosure A description of the information to be disclosed A dated signature of the patient, or the patient’s authorized representative; if signed by a representative, a description of the person’s authority to act must be included.

Oklahoma Child Custody Factors - How Is Child Custody Decided In Oklahoma?

If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. If child custody is disputed, however, they will have to receive a child custody order from a Oklahoma judge, who will attempt to make a custody decision that is in the "best interests of the child".

In the state of Oklahoma, a number of factors are taken into account by the courts when determining who gets child custody. This section describes Oklahoma's custody factors, considerations, and presumptions when evaluating a custody order.

Is there a set list of statutory factors for calculating child custody in the state of Oklahoma?

Oklahoma does not have a defined list of factors for the court to consider when determing a custody order. This means that judges have significant flexibility on a case-by-case basis when determining a custody arrangement between two parents.

Do judges in the state of Oklahoma favor joint custody?

Judges in Oklahoma are authorized to order either joint or single-parent custody of a child subject to a custody dispute.

Courts in Oklahoma do not have a presumption in favor joint custody orders when evaluating child custody. The judge will evaluate the specifics of the custody dispute to determine what custody arrangement is in the best interests of the child.

Do Oklahoma courts encourage parents to cooperate together to raise the child?

Oklahoma courts favor awarding custody to a cooperative parent who is willing to work together with the other parent regarding child visitation, scheduling, child support, and other co-parenting matters. Oklahoma law favors co-parenting as being in the best interests of the child, and the courts will favor a parent willing to cooperate over a parent who attempts to alienate their child from the other parent.

Are the child's wishes considered when determining custody in the state of Oklahoma?

In Oklahoma, the court does consider the child's reasonable wishes when determining which parent wins custody. The judge may take the child's age, maturity, and judgement into consideration when considering the child's custody preference.

Do Oklahoma courts consider domestic violence when determining custody?

Oklahoma has laws that explicitly permit the consideration of domestic violence in conjunction with child custody. This may mean that domestic violence is a statutory factor in custody determinations, that the court has a presumption against custody for abusers, or that special procedural considerations are imposed in cases involving domestic violence.

Do the courts in the state of Oklahoma have the right to hire an attorney or Guardian Ad Litem to represent the child?

Oklahoma has statutory authority for appointment of a guardian ad litem or attorney specifically to represent the child in a custody case. This person advocates for the best interest of the child, and is tasked with investigating the family situation and advising the court what custody situation would be in the best interests of the child.

| State Law Official Text

** This Document Provided By MaritalLaws **
Source: http://www.maritallaws.com/states/oklahoma/custody