Child Custody

Courts Consider the Best Interests of a Child

One of the ugliest aspects of divorce is the battle over child custody. In Oklahoma, child custody is determined based on the best interests of the child. This means that the court looks at a number of factors to determine what is in the child’s best interests, including the child’s age, health, relationship with each parent, and the ability of each parent to provide for the child’s physical, emotional, and educational needs.

Legal Standards for Child Custody in Oklahoma

When determining child custody, Oklahoma courts use a “best interests of the child” standard. This means that the court will consider a number of factors to determine what is in the best interests of the child. These factors include the child’s age, health, relationship with each parent, and the ability of each parent to provide for the child’s physical, emotional, and educational needs.

In addition to the best interests of the child standard, Oklahoma courts also consider the child’s preference if the child is over the age of 12. However, this preference is not the deciding factor and the court will also consider other factors such as the child’s safety, stability, and overall well-being.

Types of Child Custody in Oklahoma

There are two types of child custody in Oklahoma: legal custody and physical custody. Legal custody refers to the decision-making authority for the child. This includes decisions about the child’s education, medical care, and religious upbringing. Physical custody refers to the physical care and responsibility for the child. This includes where the child will live and who will be responsible for their day-to-day care.

In Oklahoma, courts can award joint custody or sole custody. Joint custody means that both parents have equal decision-making authority and responsibility for the child. Sole custody means that one parent has full decision-making authority and responsibility for the child.

The Role of a Guardian Ad Litem in Oklahoma Child Custody Cases

In some cases, the court may appoint a guardian ad litem (GAL) to represent the best interests of the child during the custody proceedings. A GAL is an attorney who is appointed by the court to investigate the child’s living situation and make a recommendation to the court regarding custody and parenting time. The GAL will interview the child, the parents, and any other relevant parties and may also conduct home visits. The GAL’s role is to provide the court with a neutral and unbiased assessment of the child’s situation.

Modifying Child Custody in Oklahoma

Once a child custody order is in place, it can be modified if there is a significant change in circumstances. Examples of a significant change in circumstances include a change in the child’s living situation, a change in the parents’ living situation, or a change in the child’s relationship with one of the parents. If a parent is seeking to modify a child custody order, they must file a motion with the court.

Low-cost Initial Consultation: Tulsa Child Custody Attorneys

Nothing is more important that ensuring your child’s future. If you have children and are in the midst of a divorce, it is in you and your child’s best interests to contract the services of a skilled Tulsa child custody attorney. The Divorce Law Office of Tulsa offers low-cost consultations with experienced child custody lawyers in Tulsa. Simply call us at 918-924-5526 to discuss your case. Or, if you prefer email, you can fill out the contact form at the top of the page. Whichever method you choose, an Oklahoma child custody lawyer will be in touch with you soon.

When Domestic Violence Affects Children, Courts Notice

No matter how emotional and complex a child custody case may get, Oklahoma family courts don’t take kindly to domestic violence. In these situations, the safety and well-being of the child are of paramount importance. In Oklahoma, the court will consider the impact of domestic violence on the child when making a custody decision. In this article, we will discuss the impact of domestic violence on child custody decisions in Oklahoma, including the legal definition of domestic violence, how it is considered in custody cases, and the potential challenges that may arise.

Legal Definition of Domestic Violence

Domestic violence in Oklahoma is defined as “any assault and battery against a current or former intimate partner or a family or household member…” This includes physical, emotional, sexual, and economic abuse.

Oklahoma courts take domestic violence seriously. It’s treated as a felony, with the first conviction bringing imprisonment of up to one (1) year, a fine of up to $5,000, or both. Subsequent convictions lead to an upgraded punishment of up to four (4) years in prison, additional fines of up to $5,000, or some combination thereof.

Consideration of Domestic Violence in Custody Cases

In Oklahoma, the court will consider the safety and well-being of the child, and may take into account any evidence of domestic violence, including:

1. Police reports: The court will consider any police reports of domestic violence that have been filed.
2. Restraining orders: Any restraining orders that have been issued can be considered by the court.
3. Witness testimony: Witness testimony can be submitted as evidence in an Oklahoma family court. This can include testimony from the child, if they are old enough to testify.
4. Expert testimony: Finally, the court may consider expert testimony about the impact of domestic violence on the child, including testimony from a child psychologist or other expert.

Potential Challenges

While the court will consider the impact of domestic violence on the child when making a custody decision, there can be challenges that may arise during the process.

Some common challenges include:

1. Lack of evidence: The court may not have enough evidence to prove that domestic violence has occurred. This can make it difficult for the court to make a decision that is in the best interests of the child.
2. Resistance from the abuser: The abuser may resist cooperating with the court and may deny that any domestic violence has occurred.
3. Resistance from the victim: The victim may be afraid to speak out about the domestic violence, and may be reluctant to testify in court.
4. Limited resources: The court may have limited resources to investigate domestic violence cases, which can make it difficult to gather all the necessary information.

What You Need to Remember

In Oklahoma, the court will consider the impact of domestic violence on the child when making a custody decision. The court will consider the safety and well-being of the child, and may take into account any evidence of domestic violence. However, the process can be challenging, particularly when there is lack of evidence, resistance from the abuser or the victim, and limited resources.

It is important for victims of domestic violence to seek help and support, and to work with the court to ensure that the child’s best interests are represented in the custody case. Child custody decisions are important for the child’s well-being and safety, it is important to make sure that the child is protected from any harm and the child’s best interest is upheld in the court.

Initial Consultation: Child Custody Lawyers in Tulsa, Okla.

If you or a loved one has been charged with domestic violence in the Tulsa, Oklahoma area you need to speak with an experienced Tulsa child custody attorney as soon as possible. The Divorce Law Office of Tulsa offers low-cost consultations with child custody attorneys in Tulsa and the surrounding area who can help you construct your defense. For a initial, confidential consultation, call 918-924-5526 now. Or, if you prefer email, fill out the contact form at the top of the site.

Child custody cases can be heart-wrenching, particularly when the parents are unable to reach an agreement about the best interests of the child. In these situations, the court may appoint a Guardian Ad Litem (GAL) to represent the child’s best interests in the case.

We’ve prepared a short run-down on the various things to know about Guardian Ad Litems, so if you are curious about this important aspect of family law, read on.

What is a Guardian Ad Litem?

A Guardian Ad Litem is a court-appointed attorney or advocate who represents the best interests of a child in a legal case. The GAL is responsible for investigating the case and making recommendations to the court about what is in the best interests of the child. This may include recommendations about physical custody, legal custody, and visitation.

Responsibilities of a GAL

The GAL has several responsibilities in a child custody case, including:

1. Investigating the case: The GAL will conduct an investigation of the case, including interviewing the parents, the child, and other relevant parties.
2. Gathering information: The GAL will gather information about the child’s living situation, their relationship with each parent, and any other relevant information that will help the court make a decision.
3. Making recommendations: The GAL will make recommendations to the court about what is in the best interests of the child. This may include recommendations about physical custody, legal custody, and visitation.
4. Representing the child: The GAL will represent the child’s best interests in court and will advocate for the child during the legal process.

Appointing a Guardian Ad Litem

A GAL can be appointed in a child custody case by the court. The process of appointing a GAL typically includes the following steps:

1. A request is made: Either parent or the attorney can request that a GAL be appointed in a child custody case.
2. The court reviews the request: The court will review the request and determine whether it is necessary to appoint a GAL in the case.
3. The GAL is appointed: If the court determines that a GAL is necessary, they will appoint a GAL to the case.
4. The GAL conducts an investigation: The GAL will conduct an investigation of the case, including interviewing the parents, the child, and other relevant parties.

Potential Challenges

While the role of a GAL is to represent the best interests of the child, there can be challenges that may arise during the process. Some common challenges include:

1. Conflicting recommendations: The GAL may make recommendations that conflict with the recommendations of the parents or other professionals involved in the case.
2. Limited time: The GAL may have limited time to conduct an investigation and make recommendations, which can make it difficult to fully understand the child’s best interests.
3. Limited resources: The GAL may have limited resources to conduct an investigation, which can make it difficult to gather all the necessary information.
4. Resistance from parents: The GAL may face resistance from the parents, who may not agree with the GAL’s recommendations.

What You Need to Know about the Role of a Guardian Ad Litem

The role of a Guardian Ad Litem in Oklahoma child custody cases is crucial to ensuring that the best interests of the child are represented in court. A GAL conducts investigation and make recommendations to the court about what is in the best interest of the child. However, the process can be challenging, particularly when there are conflicting recommendations or limited time and resources.

It is important for parents to understand the role of the GAL in the child custody case, and to work with the GAL to ensure that the child’s best interests are represented in court. The GAL can play a vital role in helping the court make a decision that is in the best interest of the child and promote a positive outcome for all parties involved.

Initial Consultation With A Tulsa Child Custody Lawyer

It’s in your best interest to work with a lawyer who has experience dealing with GALs. The Divorce Law Office of Tulsa has dealt with numerous GALs over the years and is available for low-cost consultations. To contact one of our expert Tulsa child custody attorneys, call us at 918-924-5526. If you prefer email, you can use the contact form at the top of the site. Either way, a child custody lawyer in Tulsa will be in touch with you soon.

In order to get full custody in Oklahoma, a parent must ask for custody. This sounds simple, but custody battles can be messy. Parents embroiled in custody disputes generally feel strongly about their positions. Courts often prefer to award joint custody if possible. But there are times when joint custody is not the way to go. In that case, a parent must request full custody of a child.

Getting Full Custody In Oklahoma

Custody requests require a motion before the court and at least one or more hearings depending upon the basis upon which the parent is requesting sole custody. Sometimes, parents can agree to full custody residing within one parent or the other. This is most often the exception, not the rule. Usually, you will need the help of an experienced Tulsa child custody attorney.

While parents battle, courts look to what is in the child’s best interests. Understanding this can go a long way in a custody dispute.

Full Custody Disputes: The Best Interests Of The Child

When parents are living together, they in essence have a form of joint custody. Neither parent is superior to the other in terms of decision-making regarding their child. But in divorce, if parents cannot agree upon custody then a court will decide based upon what is in the best interests of the child.

“Best interests of the child” is a term we hear often, but may not understand. How does a court decide what is in the best interests of a child? Each child and their home life is unique. Therefore, courts look to several factors to determine what is in a child’s best interests in a custody dispute.

A parent must be able to meet their child’s physical and emotional needs. These are survival needs, and a court will look to determine how best to meet these survival needs first. Food, clothing, a stable home life, love, and care are all important factors.

Also, the court will consider which parent or parents are emotionally available to their children. Courts now believe that regular contact and a continuing relationship with both parents are important to a child’s well-being. Thus, courts will often award primary custody to the parent who is best able to ensure a stable and continuing relationship with the other parent.

When a parent is seeking sole custody, they must show a court that doing so will be in the child’s best interests. Your Tulsa divorce attorney can help you understand what a court may find persuasive and what information should and should not be put before the court. This is not a matter to try to handle on your own. Too much rides on the outcome.

Initial Consultation With A Tulsa Divorce Lawyer

The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.

Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.

For a initial, confidential consultation, call 918-924-5526 now.

Divorce and legal separation in Oklahoma bring huge changes to the family. It is a time of great upheaval. When children are involved, it can bring even more stress to both parents and children. Therefore, it can help to have your questions answered before the process begins. Bring your questions regarding child custody during a legal separation to an experienced Tulsa divorce attorney.

Legal Separation In Oklahoma: Implications For Custody

Legal separation and divorce are similar but different in some important ways. A divorce proceeding ends in a final dissolution of the marriage. Divorce provides a clear ending date for the marriage. Once the marriage is dissolved, both parties can remarry should they choose to.

Legal separation does not end a marriage, but provides a legal framework for the severing of financial and other legal obligations and duties between the parties. This allows the parties to live separately and requires some disentangling of assets and financial obligations. It also includes determining issues such as child custody and visitation, child support, and spousal support.

There is no residency requirement in filing a petition for legal separation. The spouse seeking a separation must file a petition and affidavit with the court.

Oklahoma law specifies that a judge can determine issues of child custody not only in divorce proceedings, but also during legal separation proceedings. Oklahoma law specifies that in a legal separation, a judge may issue any civil process necessary regarding custody have any minor children of the marriage. The court may award custody of the child to either party or both in accordance with the best interests of the child. Okla. Stat. tit. 43 § 109.1

Types Of Custody Available During Legal Separation

Custody can be joint (split between the parents) or sole. In sole custody, the child lives with one parent and the other parent has visitation rights. In joint custody, the child lives with both parents, moving between households according to a schedule decided upon by the parents or by the court.

These custody orders can be temporary or more permanent. Just as in a divorce, a judge may issue temporary custody orders at the beginning of the proceedings and may issue more permanent orders once the parties can agree. New orders or modifications of custody orders can be sought at any time by the parents during a legal separation.

Divorce Or Legal Separation: Which Is Right for You?

It can be important to determine whether divorce or legal separation is the right avenue for you. There are reasons for going in one direction or the other.

For example, if family members depend upon medical insurance provided by one of the parent’s employers, it may be desirable to seek legal separation as opposed to a divorce. Legal separation would not end the ability of the other spouse to collect those insurance benefits.

Likewise, sometimes couples are unsure of whether a divorce is the right answer for them. A legal separation ends certain obligations between them and allows a couple time to figure out whether a divorce is the right answer for them. Often, a couple who has spent time hammering out issues during a legal separation are better equipped to handle a divorce should they later choose to file for divorce.

In all cases, you should bring your questions to an experienced Tulsa child custody attorney. They will answer your questions and help you decide what might work best for you and your situation.

Initial Consultation With A Tulsa Divorce Lawyer

The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.

Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.

For a initial, confidential consultation, call 918-924-5526 now.