In Oklahoma, physical custody determines where a child lives and which parent provides day-to-day care. Understanding how physical custody works can help parents make informed decisions and better protect their parental rights.
What Is Physical Custody?
Physical custody refers to where a child lives on a day-to-day basis and which parent provides direct care, such as meals, transportation, and supervision. This is different from legal custody, which involves the right to make major decisions about the child’s upbringing, such as education, healthcare, and religious training.
Types of Physical Custody in Oklahoma
Oklahoma courts recognize two primary forms of physical custody:
- Sole Physical Custody
- One parent has primary residential custody of the child.
- The non-custodial parent typically has visitation rights (also called “parenting time”).
- Joint Physical Custody
- The child spends significant time with both parents.
- A detailed schedule is created to ensure the child has frequent and continuing contact with each parent.
Courts generally encourage joint custody arrangements when they serve the child’s best interests and when parents can cooperate.
How Do Courts Decide On Custody?
The guiding principle for Oklahoma courts is the best interests of the child. Judges consider factors such as:
- The child’s emotional and physical needs.
- Each parent’s ability to provide a safe, stable home.
- The relationship between the child and each parent.
- Any history of domestic violence, substance abuse, or neglect.
- The willingness of each parent to foster a positive relationship with the other parent.
Children over 12 may have their preferences considered, though the court has final authority.
Modifying Custody
Custody orders are not necessarily permanent. A parent may request a modification if:
- There is a significant change in circumstances, such as relocation, employment changes, or safety concerns.
- The modification would be in the child’s best interests.
Courts require evidence of the change and careful consideration before adjusting custody arrangements.
Wagoner Child Custody Lawyers
If you are going through a divorce or separation and need help with custody issues, we can help. 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.
