Child Custody and Visitation in Oklahoma

Child custody has to do with parental rights to decision making and physical care and control of a child. When parents separate or divorce, provisions must be made for who will direct the child's activities and make decisions as to the child's health, education and welfare. Provisions also need to be made as to how the parents will share time with their child. Absent an agreement by the parties, the Court will determine what is in the child's best interests.

The Court may provide for sole, joint or split custody. In a sole custodial arrangement, one of the parents has exclusive decision making authority, and the non-custodial parent has the right to visitation. In a joint custodial arrangement, both parents may make all decisions jointly or the Court may order certain decisions to be made by one parent and other decisions to be made by the other. A joint custody plan is entered setting forth the details, which will vary depending on the circumstances of the particular case. Under either arrangement, time may be shared equally between the parents, or one parent may have more time with the child than the other. The Court may also provide for split custody, where one parent has custody and makes decision regarding one or more of the children and the other parent has custody and makes decisions regarding the other child or children.

In any event, what the Court determines to be in the best interests of the child will depend on the facts and circumstances of the particular case. Consideration will be given to things such as parenting ability, whether there is a history of domestic abuse, what each parent's relationship is with the child, whether or not either parent has exposed a child to inappropriate sexual behavior, whether or not a parent is alcohol or drug dependent, and whether or not each parent will ensure frequent and continuing contact with the other parent, assuming this would be in the child's best interests. For children who are at an age to form an intelligent preference, which is presumed age twelve (12), the child may express their preference to the Court, although the Court is not bound by such preference. Ideally, parents will agree as to what is in their child's best interests rather than submitting the issue to the Court.

Custody may later be modified by agreement or by filing a Motion to Modify in the event of a permanent, material, substantial change in circumstances which directly affects the best interests of the child and the child would be substantially better off if custody were modified. Further, relocation of one parent more than seventy-five (75) miles may be grounds for modification of custody. Visitation schedules may also be modified where there are substantial changes in conditions.

A willful refusal of one parent to abide by a custody and visitation order can be brought before with the Court by way of an Application for Contempt Citation or Motion for Enforcement of visitation rights. Failure to allow visitation is not a basis, however, to withhold payment of child support, nor is a failure to pay child support grounds to deny visitation.

If you have questions about Child Custody and Visitation , please contact us to schedule an appointment for a consultation.