Navigating Child Custody Decisions in Oklahoma City
When parents separate or divorce in Oklahoma City, deciding on child custody arrangements can be one of the most challenging and emotionally charged aspects of the process. Two standard custody options are sole and joint custody, each with advantages and disadvantages. At Wirth Law Office – Oklahoma City, our experienced family law attorneys understand the complexities of child custody cases and are dedicated to helping clients make informed decisions that prioritize their children’s best interests.
Understanding Sole Custody in Oklahoma
Sole custody, or full custody, is an arrangement where one parent is granted the legal authority to make significant decisions for the child or children. It is important to note that sole custody refers to legal custody, not physical custody or visitation schedules. While the parent with sole custody often has most of the physical custody time, this is not a requirement, as legal and physical custody are two separate aspects of child custody arrangements.
When a parent has sole legal custody, they have the power to make significant decisions regarding the child’s life, such as:
- Where the child attends school
- Extracurricular activities the child participates in
- Religious upbringing and church membership
- Elective medical procedures
In contrast, minor day-to-day decisions, such as what the child eats or wears, are typically made by the parent who has physical custody of the child at that time. However, the significant decisions remain the parent’s responsibility with sole legal custody, and the other parent is not involved in these decisions. A child custody attorney can help you understand the implications of sole custody in OKC.
Exploring Joint Custody Arrangements
Joint custody is an alternative to sole custody, where both parents share the legal authority to make significant decisions for their child or children. In a joint custody arrangement, parents must collaborate to make choices regarding their child’s education, extracurricular activities, religious upbringing, and medical care.
Unlike sole custody, where one parent has the final say in major decisions, joint custody requires effective parental communication and cooperation. This arrangement can be beneficial when parents are willing to put aside their differences and prioritize their child’s best interests.
However, joint custody may not be suitable for all situations, mainly when there is a history of domestic violence and substance abuse or when parents are unable to communicate and make decisions together effectively. In such cases, sole custody may be a more appropriate arrangement to ensure the child’s well-being and stability.
When considering joint custody, parents should carefully evaluate their ability to work together and maintain a positive co-parenting relationship. They should also consider the child’s needs and preferences and any logistical challenges that may arise from a joint custody arrangement.
The Role of Non-Custodial Parents in Oklahoma
Oklahoma law distinguishes between “custodial” and “non-custodial” parents based on the time each parent has physical custody of the child. A “custodial person” has physical custody of a child for more than 182 days a year, while a “non-custodial parent” has physical custody for 182 days or less. Okla. Stat. tit 43 § 118A.
It is important to note that these definitions do not necessarily dictate the rights or responsibilities of each parent, particularly when it comes to legal custody. A non-custodial parent may still share equal legal custody, meaning they have joint decision-making authority in education, medical care, and religious upbringing, even if they have less physical custody time.
Relocation and Primary Physical Custody in Oklahoma
When parents share joint legal custody, the issue of relocation can become complex. Oklahoma law requires that a court designate one parent as having “primary physical custody” before that parent can petition to relocate with the child.
However, the term “primary physical custody” is not clearly defined in Oklahoma law. It does not necessarily mean the parent with the child the most, as that parent would simply be considered the “custodial person.” Okla. Stat. tit 43 § 118A.
When neither parent has been declared the primary physical custodian or sole custodian, and the parents do not agree on a proposed relocation, neither can petition to move the child until a court designates a primary physical custodian. This highlights the importance of clearly defining each parent’s role and rights in the initial custody agreement or court order.
Understand Your Custody Options
Whether you are considering sole or joint custody or have questions about relocation and primary physical custody, our knowledgeable team can provide the guidance and support you need. We will work closely with you to develop a custody plan that meets your family’s unique needs and protects your rights as a parent.
Need help navigating the complex world of child custody? Contact Wirth Law Office – Oklahoma City today at (405) 888-5400 to schedule a consultation with one of our dedicated family law attorneys. Let us help you find the best path for you and your children.
