How Oklahoma Courts Determine Child Custody

November 27, 2012

How Oklahoma courts determine child custody

If you are an Oklahoma parent going through a divorce, you may be worried about whether you or your spouse (or neither) is going to get custody of your child. The answer to this question is quite complex, as it involves a consideration of many factors.

Like in many other states, Oklahoma courts make child custody decisions based on what it believes are in the "best interests of the child." There is no simple definition of this term, as it generally refers to the analysis that courts make when deciding what types of services, actions or orders will best serve a child.

How are the child's "best interests" determined?

In Oklahoma, courts make "best interests" determinations by considering the evidence and other factors to determine what is in the best interests of the child under family law principles. Once this has been done, custody is generally awarded to the parent who would be in the best position to carry out those interests. In making this determination, Oklahoma courts consider many factors such as:
-The child's wishes
-The present and future emotional and physical needs of the child
-The emotional or physical danger to the child now or in the future
-The parental ability of the person seeking custody
-The future plans for the child by the person seeking custody
-The stability of the home or proposed placement
-Any evidence that may indicate that the existing parent-child relationship is not proper
-Any excuses for behavior that causes the parent-child relationship to be called into question

In addition to the above factors, Oklahoma law requires the court to consider several other factors when determining the best interests of the child such as:
-Contact with non-custodial parent: The court must determine which parent is more likely to allow the child frequent and continuing contract with the parent who does not have custody.

-Domestic abuse/stalking/harassment: It is presumed that awarding custody to a parent who has recently engaged in such behavior is not in the best interests of the child.

-Alcohol/drug dependency: If the court finds that an alcohol or drug dependent parent can be expected to inflict bodily injury to themselves or someone else, then it is presumed that such parent should not have custody.

-Sex offenders/crimes against children: In general, it is presumed not to be in the best interests of the child to award custody to persons convicted of sex offenses or certain crimes involving children.

-Types of schooling: The court cannot take the type of schooling (i.e. public school vs. home schooling) into account when deciding what is in the best interest of the child.

Consult an attorney

These factors are a summary of the many factors that Oklahoma courts consider when awarding child custody. The law surrounding child custody is very complex and full of exceptions. If you are pursuing a child custody case, contact an experienced family law attorney. An attorney can help you make an effective case and protect your parental rights.

Article provided by The Pilkington Law Firm, PLLC
Visit us at http://www.pilkingtonlawfirm.com