Oklahoma City Child Custody Lawyer
Protect Your Rights as a Parent With a Child Custody Lawyer
Child custody battles are often emotionally draining and difficult for both parents and children. Self Legal Group offers experienced, compassionate child custody attorneys in Oklahoma City. We are dedicated to defending your rights as a parent under family law and ensuring that your children receive what’s best for them. To discuss your case or to learn more about our Oklahoma City law firm, contact us today.
Going through a child custody dispute? Call (405) 451-3534 us today for a consultation with a child custody lawyer in Oklahoma City.
How Child Custody Is Determined in Oklahoma
When it comes to your child, it is understandable that your parental instincts can intensify any situation. In cases of divorces, separations, and general custody disputes, emotions can run high. Often, the conflict is exacerbated as couples struggle over full custody. It is important to understand what child custody entails and what factors may affect a parent's custody rights. Child custody is defined as the legal and physical custody of a child granted by court order.
Furthermore, it’s crucial to prepare carefully and understand how the Oklahoma Family Courts evaluate cases. Child custody decisions are complex, factoring in the best interests of the child, including their safety, emotional needs, and development opportunities. Familiarity with specific procedures and informed documentation can significantly impact a case's outcome. Engaging with our skilled child custody attorneys ensures comprehensive legal support.
In Oklahoma, the standard used by the court to determine child custody focuses on the child's best interests. This includes assessing several factors, such as:
- Moral, physical, and emotional well-being of the child
- Any history of child abuse, domestic violence, or drug abuse
- The likelihood of each parent to facilitate frequent visitation with the other parent
In Oklahoma, both parents are initially on equal footing, with no presumption favoring either parent. Our child custody attorneys help negotiate custody and visitation schedules that align with your family’s needs.
Types of Child Custody
Ultimately, a child-custody determination is decreed by a judge to the parent who will determine the upbringing of the child. There are multiple types of custody a judge can grant to a family. There are seven different types of custody a judge can rule in a case.
- Alternating Custody - when a child lives for an extended period of time with one parent, and another period of time with another parent. This type of custody is also called Divided Custody and is usually applied to couples from different states or even countries. The main difference between alternating custody and joint custody is that in alternating custody, the parent who has the child retains sole authority over the child while they are in that parent's care. Only when the child leaves to the other parent, is custody shifted. Again, this type of custody is typically utilized when the parents of a child live long distances away from each other, such as states or countries.
- Shared Custody - the child will live with one parent for an extended period of time. After that period of time, the child will be allowed to stay with the other parent. In this type of custody, both parents retain custodial authority over their child, however, only when the child is in their care or residence.
- Bird’s Nest Custody - Divorce or separation can be difficult for a child. Because of this stress, some parents choose to apply for a bird’s nest custody arrangement. In this scenario, the child remains in a permanent location, and the parents move from place to place. In this case, one parent will leave to a separate location, while the other parent stays to care for the child. Of course, this style of custody can be more difficult for the parents but is much more stable for the child. A drawback of this type of custody is that both parents will need to still find a separate place to stay while the other parent is watching their child. Because this is a less economical version of custody, it is the rarest form that couples choose for their custody case.
- Joint Custody - both parents have rights to their child, this is called joint legal custody. Both parents also shared joint physical custody, which means the child’s legal place of residence is recognized as the home of the separated parents. For instance, a mother and father can have two separate homes, and both homes are considered the home of the child. And, because both parents still have legal custody, under their individual homes, the parent has a say in their upbringing. The only way in which this version of custody differs from bird’s nest custody is that the residence of the child is determined by the home of each parent.
- Sole Custody - when one parent is granted sole legal and physical custody of the child. In this case, one parent is responsible for the upbringing of a child and ultimately can determine the visitation rights of the opposite parent. In most situations, sole custody is granted to a parent that is able to provide for the child. If one of the parents has been accused of any abuse, neglect, unemployment, and even addictive habits, their rights for custody and child visitation could be terminated. In this case, one parent would be granted complete guardianship of their child and file for child support from the opposite parent. It is important to note, however, that if one parent makes a false allegation of abusing their parental rights or neglecting their child, the other parent could suffer severe consequences. Making a false allegation in court could mean a termination of parental rights. According to the Oklahoma Bar Association, if a parent is found to have made an intentional false allegation against another parent for sexual abuse of their child, “ the court shall proceed with any or all of the following: . . . Award the obligation to pay all court costs and legal expenses encumbered (sic) by both parties arising from the allegations of the accusing party.” These “legal expenses” include the expenses for all court meetings, as well as paying for all the family law attorney fees for both themselves and the parent they have accused.
- Split Custody - children are separated with some living with one parent, and the other living with the other parent. Split custody is generally chosen because it allows the children to live in one permanent place, without having to trade living spaces. Though this type of custody allows for a clear separation between parents, it allows means there is a separation among siblings. Because of this, split custody is generally criticized as being too separatist in family situations.
- Third-Party Custody - If both parents are not capable of properly caring for their child, third-party custody can be granted. In this type of custody, guardianship can be given to a relative, such as an aunt, uncle, or grandparent. Unfit parenting would be determined by a court by acknowledging if both parents are physically, mentally, or emotionally able to care for their child. Also, if both parents have demonstrated an inability to provide for their children, they could be denied parental rights.
Visitation Rights in Oklahoma
In Oklahoma, visitation rights ensure non-custodial parents can maintain relationships with their children. A visitation agreement can be included in a divorce decree or determined by the court if parents cannot agree.
Under Oklahoma law, crafting a comprehensive visitation schedule can mitigate conflicts. Our attorneys collaborate with clients to tailor visitation agreements that include logistics like weekends and holidays. Should any disagreements arise, we offer support to prioritize the child's best interests.
The Oklahoma court considers several factors when determining visitation rights, such as:
- The child's wishes, if they are old enough to express a preference
- The relationship between the child and each parent
- The mental and physical health of each parent
- The ability of each parent to meet the child’s needs
- The geographic proximity of each parent’s home
- Any history of domestic violence or abuse
Once visitation rights have been established, it is important for both parents to abide by the terms of the custody order. If one parent fails to comply with the order, the other parent can seek legal remedies to enforce the visitation rights.
Cases Involving Military Service Members
In situations where a parent serving in the military has custody, special accommodations may be required. If deployment occurs, the court may delay final decisions until the tour is completed, although permission for a ruling during service can be granted.
The complexity of military deployments necessitates careful custody planning. Our lawyers understand these challenges and strive to integrate service-related considerations into custody agreements, supporting strong parent-child relationships through each deployment.
Can Modifications of Custody or Visitation Be Made?
Custody and visitation agreements in Oklahoma can be amended if there is a substantial, ongoing change in circumstances. Failure to adhere to visitation schedules can trigger changes in custody arrangements. Our Oklahoma City child custody lawyers assist in adapting custody or visitation terms to new situations.
Modifying custody or visitation terms requires strategic legal approaches, often due to employment changes, moves, or evolving child needs. Our attorneys provide comprehensive support, ensuring adjustments are legally sound and in the children's best interests.
You Deserve the Best Attorney in Oklahoma
Your family deserves the finest family law attorneys to safeguard your interests and navigate Oklahoma's legal landscape. Our team includes a former Assistant Attorney General, a children's rights advocate, an aggressive domestic rights attorney, and seasoned business and estate attorneys.
At Self Legal Group Family Law Center, your legal needs are our priority. Our comfortable and supportive environment allows for candid discussions of sensitive issues. We aim to clarify legal processes, assess your legal standing, and guide you to achieving your objectives. Contact us today for an initial phone consultation.
Understanding the Oklahoma Family Court System
For Oklahoma City residents, familiarizing yourself with the family court system is essential in effectively managing child custody cases. Oklahoma County District Court handles many such cases, emphasizing the child's best interests guided by Title 43 of the Oklahoma Statutes. Understanding court procedures from filing to courtroom conduct can significantly empower parent's advocacy efforts.
At Self Legal Group, we prepare our clients thoroughly for all steps in this process, from pre-trial conferences to hearings. Our legal advice is tailored to navigate the distinctive challenges within the Oklahoma City jurisdiction, making the legal journey less tumultuous.
Mediation Services & Alternative Dispute Resolution
Not every custody issue necessitates going to court. Oklahoma City offers mediation and alternative dispute resolution (ADR) options that provide amicable solutions tailored to family dynamics. Mediation fosters dialogue and cooperation under the guidance of a neutral mediator, facilitating parent-driven decisions.
We at Self Legal Group advocate for mediation when feasible. We guide clients through this process, ensuring agreements are fair and legally sound. ADR often results in resolutions that maintain family relationships while prioritizing children's happiness and stability.
Oklahoma Child Custody Lawyers
Relationships, whether in the midst of a divorce or a paternity action, often experience emotional strain due to child custody proceedings. Such stress affects parents and children alike.
The Oklahoma City child custody lawyers at Self Legal Group recognize the importance of your relationship with your child. We manage legal concerns so you can focus on your child’s well-being and future. Our approach to custody and visitation cases ensures personal attention and experienced advocacy.
We provide a supportive environment for our clients. Contact an Oklahoma child custody attorney at our firm to discuss your case and arrange an initial consultation.
Navigating Your Paternity Actions & Divorce in Oklahoma
Managing a paternity action or divorce can be challenging and overwhelming. Our skilled family law lawyers at Oklahoma City help simplify and reduce stress throughout the process. Contact our child custody attorneys today to work towards a resolution. We offer an initial phone consultation and reasonable fees. Credit cards are also accepted. For more information on Oklahoma family law, visit our Family Law Information Center and FAQ page.
Our Oklahoma City child custody lawyers are here to help you. Contact us today to start discussing your case.
Frequently Asked Questions
What Steps Should I Take If I Can't Agree with My Ex-Partner on Custody?
When parents disagree on child custody, seeking legal guidance and exploring alternative solutions is crucial. Initial discussions or mediation centered on the child’s well-being may resolve disputes amicably. When ineffective, formal mediation or court proceedings may follow. Oklahoma courts evaluate factors such as parental capabilities and the child’s needs. Our attorneys at Self Legal Group prepare strong cases to highlight your parental role and advocate for equitable arrangements that support parent-child bonds.
How Long Does the Child Custody Process Typically Take in Oklahoma?
The length of child custody proceedings in Oklahoma depends on case complexity and parental agreement levels. Mutual agreements may resolve in a few months, but contested cases can extend six months to a year, involving several hearings and evaluations. Prompt documentation and legal representation expedite the process. At Self Legal Group, we efficiently represent your interests to minimize disruptions to your family life.
Will Custody Orders Be Affected If I Need to Relocate?
Relocating under an existing custody order in Oklahoma involves legal considerations and potential modifications. The relocating parent must notify the other parent and obtain consent or court approval for any move impacting the custody arrangement. Courts in Oklahoma evaluate the move's alignment with the child's best interests, considering the move's purpose, the parent-child relationship, and feasible contact maintenance. Consulting Self Legal Group lawyers helps navigate procedural requirements and propose modifications that support the family's evolving needs while maintaining the child's welfare and parental bonds.
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