One of the most significant child custody determinations a judge can make is whether a parent should receive sole custody. Unlike joint custody, where both parents share responsibility, this arrangement places primary authority with just one parent. Here’s what you need to know about one of the main custody arrangements in Oklahoma.
Understanding Sole Custody
Sole custody can refer to legal custody, physical custody, or both:
- Sole Legal Custody gives one parent the exclusive right to make major decisions for the child—such as education, healthcare, and religious upbringing.
- Sole Physical Custody means the child primarily lives with one parent, though the other parent may have visitation rights.
In many cases, courts award legal and physical custody together, but not always. The other parent may still have parenting time, but they will not share in decision-making responsibilities.
When Do Courts Choose This Arrangement?
Oklahoma courts prefer to award joint custody when both parents are capable and willing to work together. However, sole custody may be appropriate when:
- There is a history of domestic violence or child abuse
- One parent has a substance abuse problem or mental health issues that affect their parenting ability
- The parents are unable to cooperate in raising the child
- One parent has been absent or uninvolved in the child’s life
The primary concern is always the best interests of the child, which is the legal standard Oklahoma courts use in custody cases.
How to Request Sole Custody
To obtain sole custody, a parent must file a petition for custody as part of a divorce or paternity case. You must present evidence to the judge showing why it is in the child’s best interests. This may include witness testimony, medical records, school records, or reports from professionals such as counselors or a Guardian ad Litem.
If both parents agree to an arrangement, the judge will usually approve it if it serves the child’s needs.
Can Custody Be Modified?
A parent can request a modification of a custody order if there has been a substantial change in circumstances that affects the child’s well-being. For example, if the noncustodial parent becomes sober or improves their living situation, they may petition the court for joint custody or expanded visitation.
Wagoner Child Custody Attorneys
Sole custody can offer stability and protection when it’s truly needed, but it’s not always easy to obtain. If you’re seeking custody or responding to a custody request, our team here at Wagoner County Attorneys can look at your situation and help you decide your best course of action. If you need help, reach out to us at 918-283-7394 or ask a question online.
