Dealing with child custody is one of the most heartbreaking parts of any divorce. However, it is also an important aspect of the process that cannot be left undone. To make sure that the entire process is carried out smoothly, it is imperative to hire a compassionate child custody attorney Tulsa OK.
Courts in Tulsa County, Oklahoma, determine custody only based on the interest of children. The court may even decide to appoint an attorney to represent the child’s best interests. An experienced skilled attorney can handle the custody case in Tulsa, represent the concerns to further assist you to demonstrate your involvement in bringing up the child and why it is important. You can also check out divorceanswers.com to learn more about divorce and effects of it to your child.
Factors Determining Child Custody
Courts in Tulsa make decisions related to child custody based on the physical as well as the psychological interest of the child. Courts either award sole custody to one parent, set up shared parenting roles, or joint custody or split the custody of children if there is more than one child involved. In the last case, either parent can have sole custody of one child.
Barring the causes where there are statutory requirements affecting custody, courts in Tulsa weigh different factors like which parent would allow visitation and even the child’s preferences. Statutory presumptions are against either parent who was convicted sex criminal, is living with a sexual offender, or there is substantial evidence that the parent has the habit of domestic abuse.
Relocation decisions also imply the need to involve a custody attorney or family lawyer. Tulsa courts could issue a restraining order if parents failed to notify another parent before moving the child. Contrarily, the court may also offer a temporary order allowing relocation if the parent files a notice in due time and produces sufficient evidence.
Categories Of Child Custody Orders
There are three categories of child custody. The judge involved in the divorce shall award the custody of the child using any of these custody options depending on the nature of the case. However, these custody orders are not the same. It is imperative to understand the order. Only an experienced child custody lawyer in Tulsa can represent you in a divorce and matters of child custody.
I. Sole Custody: This type of custody in which only one parent shall be granted the decision-making rights of the child. So, another parent, or the non-custodial parent, shall have rights to visitation only. However, this non-custodial parent shall not have any opinion or say in any decisions made related to the child, education, upbringing, or otherwise.
II. Joint Custody: In the case of joint custody, both the parents shall share the custody of the child, decision-making powers, and upbringing. This type of custody is awarded only when both parents have demonstrated their capabilities to get along properly and converse regarding the child’s welfare, upbringing, and education. In case of a heated divorce involving a lot of contention, the courts may not award joint custody to parents in Tulsa. Such matters are likely to return to the courts. Only if both parents agree to work out joint custody of the child, it would benefit the well-being.
III. Physical Custody: This type of custody involves the period that each parent would get with their child. Here, the courts determine the time frame each parent can have the child’s physical custody. Most of the time, Tulsa Courts would count the overnight stays of the child with each parent and prepare a schedule to transfer the physical custody. However, the physical custody order does not include the total number of overnight stays, but it includes which parent has the physical custody on the holidays.
Determining Child Custody in Tulsa, Oklahoma
In the state of Oklahoma, custody of a child is treated as a state concern. Courts only consider the child’s best interest to grant an order. In simple cases, parents agree upon their child’s custody and the courts adopt the agreement. However, when matters are not that simple and parents cannot come to an agreement, the court organizes a trial for child custody.
During the process, if the Tulsa court finds that the child has matured, it may ask the child where or with whom he/she wants to live. According to Oklahoma law, children over 12 years are mature to answer and choose, although the court cannot be bound by the child’s choice. Nevertheless, it is an important factor, worth considering. In both simple as well as complicated matters, the guidance and experience of a professional child custody attorney in Tulsa can make a significant difference to the outcome of the case.