One of the most important decisions in a divorce or custody case involves who has the right to make major decisions about a child’s upbringing, often referred to as legal custody, and it can affect everything from education to medical care. Understanding how it works can help parents better navigate custody disputes and agreements.
What Does It Mean?
This type of custody gives a parent (or both parents) the authority to make important life decisions for their child. These decisions often include:
- Where the child goes to school
- What kind of medical care the child receives
- Religious upbringing and other major life choices
It does not deal with where the child physically lives—that is called physical custody.
Types of Legal Custody Arrangements in Oklahoma
Oklahoma recognizes two primary arrangements:
- Sole Legal Custody
- One parent has the exclusive right to make major decisions.
- This arrangement is often used when parents cannot cooperate or when one parent is unfit.
- Joint Legal Custody
- Both parents share decision-making responsibilities.
- Courts favor this approach when parents can work together and both are capable of acting in the child’s best interests.
How Do Courts Decide?
Judges consider the best interests of the child when deciding who should hold this decision-making power. Factors may include:
- Each parent’s ability to cooperate
- The child’s relationship with each parent
- Any history of domestic violence or substance abuse
- The stability each parent can provide
The court may also consider the child’s wishes if they are old enough to express a reasoned preference.
Can It Be Modified?
If circumstances change—such as relocation, a parent becoming unfit, or a breakdown in cooperation—the court can modify the custody order. A parent seeking modification must prove that the change is in the child’s best interests.
Why It Matters
This form of custody determines who makes critical decisions about a child’s future. Even in joint arrangements, disputes may arise, and court intervention may be necessary if parents cannot agree. Because these decisions can shape a child’s life, understanding your rights and obligations is crucial.
Wagoner Child Custody Attorneys
Custody disputes in Oklahoma are often complex and emotionally charged. Whether you are seeking joint or sole decision-making authority, 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.
