Child Custody Laws in Oklahoma

Child Custody Laws in Oklahoma

November 30
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Child Custody Laws in Oklahoma


Guide to Child Custody Laws in Oklahoma


Family courts can be difficult for parents to navigate, particularly if they are unfamiliar with courtroom procedure.  Understanding the child custody laws in Oklahoma will help you to better resolve any child custody dispute you may be having in the state.  This guide will explain the doctrines that Oklahoma courts use when coming to a child custody determination.  You will also learn about the kinds of custody and visitation rights permitted according to child custody laws in Oklahoma.


General Doctrines


Oklahoma, like many states, used to use what was known as the “tender years doctrine.”  This gave custody to mothers by default for most young children.  However, child custody laws in Oklahoma today do not permit the court to make a determination of custody based on the sex of either parent.  Instead, current Oklahoma doctrine is to give preference to whichever parent has acted as the “primary caregiver” of the child.


The other general doctrine that dictates where a child will be placed is the best interest of the child doctrine.  Child custody laws in Oklahoma require judges to place the interests of the child first, before the interests of the parents.  If you come up with a parenting plan with your spouse, a judge is still allowed to modify or reject the plan if the judge feels it is not in the best interest of your child.


Legal Custody


While people usually just refer to “custody,” there are two types of custody, both of which can be granted jointly to both parents or solely to one parent.  The first of these types is called legal custody, which refers to the ability of the parent to make legal parental decisions on behalf of the child.  These decisions include many things that impact a child's life, including medical and dental choices, choices in religious upbringing, and decisions about schooling.


If a parent is granted sole legal custody of a child, they are solely responsible for decisionmaking pertaining to that child.  The other parent no longer gets a say in their child's education or healthcare decisions.  Joint legal custody, according to child custody laws in Oklahoma, means that the parents share responsibility for these decisions and must work to agree if there are disputes as to what should be decided on behalf of their child.


Custodial Custody


Custodial custody, also referred to as “physical custody,” refers to which parent a child is actually living with.  This type of custody may also be awarded jointly or solely.  Joint physical custody does not always refer to an exactly even split of a child's time, especially in circumstances where parents live far apart from one another.  Sometimes, one parent may be the primary custodial parent while the other has custody less frequently.


Parents who are not awarded custodial custody will generally be given visitation rights that allow them parenting time with their children.  This visitation time may be supervised if the court feels that unsupervised visitation would present a risk to the child. 


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