There are four main types of child custody in Oklahoma, each serving a specific purpose. Child custody is one of the most important—and often most emotional—issues in any family law case. In Oklahoma, courts focus on the best interests of the child when deciding custody, and they have several legal options for structuring how custody is shared between parents. If you’re facing a custody dispute or considering a custody modification, it’s essential to understand the four main types of child custody recognized under Oklahoma law.
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Legal Custody
Legal custody refers to a parent’s right to make major decisions about a child’s life. This includes choices related to education, healthcare, religious upbringing, and overall welfare. Oklahoma courts may award:
- Joint legal custody, where both parents share decision-making authority.
- Sole legal custody, where only one parent has the legal right to make those decisions.
Joint legal custody does not mean that the child splits time equally between both parents—it simply means both parents must consult one another before making major decisions. Courts in Wagoner County usually favor joint legal custody unless one parent is unfit or unable to cooperate in the child’s best interests. In instances of substantiated domestic violence, it’s standard to remove the children from the custody of the perpetrator.
Physical Custody
Physical custody concerns where the child lives and which parent provides day-to-day care. Like legal custody, physical custody may be awarded as:
- Joint physical custody, where the child spends substantial time living with both parents, often through a structured schedule.
- Sole physical custody, where the child primarily lives with one parent, and the other parent may have visitation rights.
In joint physical custody cases, the court generally issues a Physical Custody Schedule, which outlines where the child will live, how holidays are divided, and how the parents will share responsibilities. The physical custody schedule is on a minimum basis. However, the court encourages both parents to work together to have as much time with the child as they can feasibly manage while not being together.
Sole Custody
When the court grants sole custody, one parent receives both legal and physical custody. The other parent may still receive visitation rights unless the court determines that contact would be harmful to the child. Sole custody is typically awarded when one parent is absent, unfit, or unwilling to participate in parenting duties. Factors that may lead to a sole custody ruling include:
- Substance abuse or mental health concerns
- History of domestic violence
- Criminal activity
- Neglect or abandonment
Even in sole custody cases, the court may encourage the custodial parent to facilitate a healthy relationship between the child and the non-custodial parent, when appropriate. This can be done through supervised visitation or even therapeutic reconciliation therapy. The cost of these services almost always falls on the unfit parent to pay for.
Joint Custody
Joint custody can refer to either joint legal custody, joint physical custody, or both. This arrangement requires a high level of cooperation between parents and is generally encouraged by Oklahoma courts when both parents are active and capable caregivers. In joint custody cases, the court typically requires the parents to submit a Joint Custody Plan that explains how they will:
- Make decisions together
- Handle transportation, school schedules, and extracurricular activities
- Resolve disagreements, often with mediation or a designated third party
If the court finds that the parents cannot work together effectively, it may modify the order and award one parent sole custody. A common practice now to avoid a breakdown in communication between the parties is to use an app like Talking Parents. This allows the parties to discuss matters relating to the child in a safe and neutral way. The apps also catalog the messages which can be helpful in a court proceeding should things continue to deteriorate.
How the Court Decides Custody in Oklahoma
In all custody decisions, the court’s primary concern is the best interests of the child. Judges consider several factors, including:
- Each parent’s relationship with the child
- The child’s emotional and physical needs
- The ability of each parent to provide a stable home
- Any history of abuse or neglect
- The child’s preference (especially if the child is over 12 years old)
Custody arrangements are not permanent. Either parent can request a modification if there’s a significant change in circumstances, such as a relocation, change in employment, or concerns about the child’s safety.
Wagoner County Child Custody Attorneys
Child custody cases are complex and emotionally charged. Ultimately, the best interests of the child are the priority, but your rights as a parent also matter. When considering one of the four types of child custody, it’s important to have an attorney who knows how to handle them. Here at Wagoner Attorneys, we guide our clients through every step of the child custody process in Oklahoma. For a Free consultation, call us at 918-283-7394. Or if you would like to ask a lawyer an online legal question, follow this link.
