Divorce Oklahoma Custody

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In the State of Oklahoma, the courts usually use the word "custody" without mentioning whether it is physical or legal custody. When the court does not specify the type of custody and simply uses the word "custody", it means both physical and legal custody. The isolated use of this word implies two things:

  • Where the child should live?
  • Who has the right to make decisions related to the child?

Guidelines for Divorce Oklahoma Custody

The courts in this state adhere to certain guidelines while determining the type of custody. Some of these are as follows:

  • There is no preference contrary to or favoring home schooling, public school and private school
  • The custody preference is not gender biased
  • While establishing custody, race is not taken into account
  • In the custody proceeding, if there is an evidence of immoral demeanor, this must be linked to a probability of harm to the child. Some examples are as follows:
    • Exposing the child to users of drugs
    • Exposing the child to irregular intimate sexual contact with any third person of either of two parents
  • The relative abilities of the child to fulfill the parenting requirements of the child
  • It is presumed that unsupervised visitation, guardianship or custody must not be awarded to a parent who meets the following points:
    • Resides with a domestic abuser
    • Is a domestic abuser
    • Is drug or alcohol dependent
    • Resides with a convicted child abuser
    • Is a convicted child abuser
    • Resides with a registered sex offender
    • Is a registered sex offender

Types of Divorce Oklahoma Custody

In the Oklahoma, various types of child custody are defined. These various types are ordered as per the suitability of the case. However, the ultimate aim is to provide a physical and emotional security to the child after the separation between his or her parents. Some of the major child custody types are:

Sole Custody

  • One parent is granted exclusive control of decisions pertaining to the welfare of the child. This parent is referred to as the custodian
  • The non custodial parent is offered rights of reasonable visitation
  • The word "reasonable" is highly fact dependent, flexible and broad

Joint Custody

  • The parents share all or some aspects of legal care, physical custody and control of the child
  • The joint custody plan comprises of the terms of time sharing, the decisions to be shared and the ones that would not be
  • The parents need not equally divide the time in the time sharing plan. They may accept any variation.

Bird Nesting

  • This is a type of divided custody
  • The child stays in a single residence
  • The parents have a rotating schedule in and out of this residence
  • This plan demands considerable cooperation from the parents
  • One rarely witnesses that this plan is successful

Split Custody

  • Both the father and mother are granted custody of either one, naturally born or legally adopted child separately
  • If there is presence of more than one child in the case, then one parent can take the sole responsibility of one child and the other child can be cared by the other parent

Types of Visitation accompanying Oklahoma Child Custody

The visitation schedule is decided for the non custodial parent in order to maintain the contact between the child and that parent. Some of the major ways of visitation are:

Telephonic Visitation

  • This refers to the right of a parent to speak with the child on phone
  • If a parent attempts to stop the phone calls or interrupts the child or other parent during the calls, the judge can issue specific orders

Supervised Visitation

  • One parent can visit the child, but solely when both are supervised by some other person
  • The court issues these orders when there is a past record of substance abuse or credible evidence of abuse about the non custodial parent

Summer Visitation

  • During the summer, a parent can have extended periods of visitation

Holiday Visitation

  • This refers to the right of the parent to visit the child on a particular holiday

Weekend Visitation

  • This is the right of the parent to visit the child on weekends
  • This visit begins on Friday and terminates on Sunday or Monday

The divorce custody in Oklahoma covers various essential actions that are taken as per the state laws and the rights. The most weigh is given to the reasonable preference of the child. At the same time, the settlement of visitation schedule and granting suitable type of child custody are some of the major legal decisions made on this issue.

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