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March 21, 2023

How Is Child Custody Determined in Oklahoma?

Child custody is one of the most important aspects or divorce or separation. Here’s how it works in Oklahoma.

Child custody cases can be a complex and emotional process. In Oklahoma, child custody is determined based on the best interests of the child, and several factors are considered when making this determination. This article will discuss how child custody is determined in Oklahoma, including the factors considered and the different types of custody arrangements.

Types of Custody Arrangements in Oklahoma

In Oklahoma, there are two types of custody arrangements: legal custody and physical custody. Legal custody refers to the right to make decisions regarding the child’s upbringing, such as education, healthcare, and religious affiliation. Physical custody refers to the actual physical care and supervision of the child.

In some cases, parents can share both legal and physical custody of their child. However, in situations where the parents are not able to agree on custody arrangements, the court may award sole physical and/or legal custody to one parent.

Factors Considered in Determining Child Custody

When determining child custody, the court will consider several factors that impact the best interests of the child. These factors may include the following:

  1. The child’s age and gender
  2. The child’s relationship with each parent
  3. The ability of each parent to provide for the child’s physical and emotional needs
  4. Each parent’s mental and physical health
  5. The child’s preference, if the child is of sufficient age and maturity to express a preference
  6. Any history of domestic violence or substance abuse by either parent
  7. The geographical proximity of each parent’s homes
  8. Any other relevant factors that may impact the child’s best interests.

How Custody Is Awarded in Oklahoma

In Oklahoma, the court can award either joint custody or sole custody to one parent. If the court awards joint custody, both parents will share legal and/or physical custody of the child. If the court awards sole custody, one parent will have the exclusive right to make decisions regarding the child’s upbringing and/or have physical custody of the child. In some cases, the court may also order supervised visitation or restrict visitation if there is evidence of abuse or neglect.

A Custody Attorney Can Help

If you have questions or are concerned about an upcoming custody hearing, call the experts at Outhier & Caruthers, PLLC. Call today at (580) 234-6600, and let us assist you with all of your family law needs.

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