To get sole custody, you will need to be able to provide the court with valid reasons to do so. While courts generally prefer custody arrangements that allow both parents to remain involved in the child’s life, that is not always possible—or in the child’s best interests. In some cases, one parent may seek sole custody, meaning they want exclusive authority over legal decisions, physical placement, or both.
What Oklahoma Law Says
Sole custody may refer to sole legal custody, sole physical custody, or both. While sole legal custody gives one parent the right to make major decisions regarding the child’s health care, education, religion, and welfare, sole physical custody means the child primarily lives with one parent, and the other parent may have limited or supervised visitation.
When a court grants sole custody, it typically finds that co-parenting is either unsafe, impractical, or contrary to the child’s well-being.
Legal Standard: The Child’s Best Interests
Oklahoma courts do not automatically favor either parent. Instead, they base custody decisions on what serves the child’s best interests. Judges consider many factors, including:
- The emotional and physical needs of the child
- Each parent’s ability to provide a safe, stable environment
- The child’s relationship with each parent
- The willingness of each parent to support the other’s relationship with the child
- Any history of abuse, neglect, or domestic violence
- Substance abuse or criminal behavior
- Mental health concerns that may affect parenting
If a child is 12 years or older, the court may also consider the child’s preference, though that alone will not control the outcome.
Building A Case
To win sole custody, you must present persuasive evidence that giving the other parent joint custody—or significant visitation—would not serve the child’s best interests.
This might involve gathering:
- Police reports or protective orders to show domestic violence or endangerment
- Medical records documenting abuse or neglect
- Testimony from therapists, counselors, or teachers about the child’s emotional well-being and interactions with each parent
- Witnesses (friends, relatives, professionals) who can testify to each parent’s behavior, parenting capacity, and home environment
- Evidence of instability, such as frequent moves, job loss, or substance abuse by the other parent
You may also use court-ordered evaluations, including home studies or psychological assessments, to support your claims.
Supervised or Restricted Visitation
Even if the court does not award sole custody, it may place limits on the other parent’s visitation. This could include:
- Supervised visitation where another adult is present during visits
- No overnight visitation until certain conditions are met
- Therapeutic visitation in the presence of a mental health professional
The court uses these restrictions when it finds that unsupervised access would place the child at risk but believes that contact is still possible under controlled conditions.
Modification of Custody
Custody orders in Oklahoma are not always permanent. If the court denies your request for sole custody now, you may petition for modification later if circumstances change significantly—such as relapse into addiction, new criminal charges, or worsening parenting behavior by the other parent.
Wagoner Child Custody Attorneys
Pursuing sole custody can be difficult and emotionally taxing, especially when the other parent contests your claims. At Kania Law – Wagoner County attorneys’ law office, we guide clients through every step of the custody process and advocate for what’s best for the child. For a Free consultation with Kania Law Office – Wagoner Attorneys, call us at 918-283-7394. Or if you would like to ask a lawyer an online legal question, follow this link.
