Once paternity is established, the court can issue a custody order that establishes visits and financial support if the parents do not live together. Joint custody is the term that defines a situation in which both parents participate in the upbringing of the minor child and make joint decisions. Sole custody gives a particular parent exclusive control over these decisions. If you have sole custody of your child in Oklahoma, your child lives with you and not with the other parent (but may visit the other parent on weekends or for other periods). A parent with primary custody is sometimes referred to as the «primary caregiver» or «custodial parent» of a child. In general, the custodial parent is the person responsible for the day-to-day care of your child and the day-to-day decisions that affect that custody. If there is joint custody, both parents share the right to make day-to-day decisions about your child and the responsibility to care for your child while the child is with you. Some things that the parents with joint custody are both responsible for are: Maybe. A judge will likely consider which parent has cared for the children since you moved, as an important factor in the custody decision. Leaving the home where the children and the other parent currently live may cause the judge to prefer to leave your children with the other parent.
It is possible that both parents may have joint custody, while only one parent has custody. This means that the child lives with one parent, but both parents make the most important decisions regarding the child`s well-being. A court must give preference to parents when granting custody. A court cannot grant custody to a non-parent unless it finds that both parents are «affirmatively incapacitated.» «Positively inappropriate» means that there is something in the parents that makes him unable to raise a child. «Affirmatively inappropriate» doesn`t just mean that someone else would be better off raising the child. Most often, custody is entrusted to one of the parents (sole custody) or to both parents (joint custody). However, it is possible for a non-parent to appear in court to prove that both parents are not fit for the non-parent to receive custody of a child. Grandparents, adult parents and anyone with whom a child has lived in a caring and healthy environment are among those who can request that the parents be declared unfit for the non-parent applicant to obtain custody. However, this does not mean that a non-parent can get custody by simply going to court and saying, «We can take better care of the child than any parent.» A parent must be declared «incapacitated».
1 The standard for amending a custody order is different for sole custody than for joint custody. For the court to change a sole custody decision, the requesting parent must prove that the circumstances have changed that (1) is substantially – substantially or significantly, (2) permanently – not temporary, and (3) substantially – actually related to the custody of the child. In some cases, if the child is over 12 years of age, the judge will consider that the child`s desire to change the custody decision is sufficient to grant the changes. The change in circumstances must have occurred since the original order; For example, proof of parental incapacity before the initial order is excluded. If you are involved in a divorce or custody case involving a minor child (under the age of 18), the judge may (but is not required to) appoint a parent coordinator to help you resolve family issues and bring both parties to an agreement.1 The parent coordinator will suggest to the judge what he or she thinks is best for the child and what conditions you have all been able to afford. reach an agreement. above. If you object to the parent coordinator`s proposed report(s), you may file an objection within 10 days of receiving the report, which will be reviewed by the judge.2 Although the judge appoints a coordinator, the judge will have the final say on matters such as custody, access and child support.3 Custody – Custody refers to the right to: Make decisions regarding the education of children for a child (educational, disciplinary, medical, etc.). The court may award joint custody to the parents or sole custody to one of the parents. This amount that a custody case can actually cost varies from case to case. When you pay a lawyer, your legal fees may depend on things like the amount of the dispute between the parties and the amount of your lawyer.
In addition, legal costs such as registration costs and possibly the delivery of documents to the other parent are incurred. If you can`t afford the fees, you can file an affidavit (known as an affidavit in forma pauperis or affidavit of a poor person) informing the judge that you are a low-income person and asking them not to force you to pay the court fees.1 It is up to the judge to decide: whether or not he waives the legal costs. If one of the parents has sole custody, the time that the non-custodial parent spends with the child is called a visitation. The final custody decision determines how much time the child will spend with the non-custodial parent. Oklahoma courts encourage ongoing and frequent contact between the child and the non-custodial parent. If there are security concerns, the visit can be monitored, but the non-custodial parent can have contact with the child via phone, email, or video chat. When you file an application for an emergency custody hearing in Oklahoma, the application (legal documents) must include either the following: A custody case can be emotionally devastating. Custody is also complicated. This article only scratches the surface of Oklahoma police custody. If you are in a custody case, I encourage you to seek legal aid today. There are 2 options for custody: sole custody or joint custody.
1. There has been a «permanent, substantial and significant» change in the circumstances, so the child would be much better off if custody is changed, or if the law also says that the judge should presume that it is not in the best interests of the child for a parent to receive custody if the parent: Amends a sole or sole custody decision, You must prove to the court that there has been a permanent, significant and substantial change in custody that negatively affects the child and that a change of custody would be in the best interests of the child.3 This is a strict standard to be adhered to, but it is intended to prevent parents from constantly fighting in court to change custody and ensure stability in the child`s life. For example, if the custodial parent has been convicted of drug possession, the court may agree that this is a significant change in circumstances and may consider whether your home is now better for the child than the other parent`s. The following table lists additional details about Oklahoma`s custody laws. For more articles and resources, see the Extended Child Care section of FindLaw. Any parent can apply to a court for a change of custody if: If you are not comfortable with the abuser being alone with your child, you may be considering asking the judge to order that visits with your child be supervised. If you are already in court because the offender has requested a visit or custody, you may not have much to lose if you request that the visits be supervised if you can provide a valid reason for your request (although this may depend on your situation). If a child is mature enough to form an intelligent preference, the court must consider the child`s preference when awarding custody. If the child is at least twelve years old, there is a rebuttable presumption that a child is mature enough to form an intelligent preference. The resolution of custody cases is a difficult task because complex legal issues must be applied to determine the well-being of the children concerned. If you are a parent involved in a custody dispute, the best thing to do is to meet with an experienced family law attorney in Oklahoma who can defend your rights.
Parents must renounce (give up) custody in writing and a judge must grant you custody. You may also be able to get custody if the parents leave the child. It is highly recommended that you hire a lawyer to assist you in these types of custody cases. You can find legal help on our OK Find a Lawyer page. In the case of an amicable divorce where both parents agree on custody of the child, a court may approve the proposed joint custody arrangement as described in the parenting plan. In some cases, a judge may propose changes to the plan that are approved by both parents. .
