Child Custody

Child custody matters in Tulsa, Oklahoma can be stressful for both the parents and the children involved.

This is especially true if parents find themselves returning to court to re-litigate custody issues before a judge.

However, if you believe your child is in the custody of an abusive parent in Oklahoma, you should do all that you can to ensure your child is in a safe environment.

This includes filing a petition to modify custody with the court.

Initial Steps to Take in Tulsa

The first step in filing your petition to modify custody with the court will be to gather any evidence proving there is indeed an abusive parent in Oklahoma.

Any evidence must be gathered from someone’s firsthand knowledge of the events. This can include your children’s testimony or another relative’s witnessing of the abuse.

You should also take photos of your child’s injuries to present in court, as well. In serious cases, this may involve having child protective services conduct an investigation.

The CPS report can serve as evidence of child abuse in family court. Getting CPS involved is not necessary, however.

You must remember, though, that you must have some evidence that the abuse actually has occurred.

A suspicion of an abusive parent in Oklahoma will likely not be sufficient.

File an Emergency Petition with the Court

When your child is in imminent danger from an abusive parent in Oklahoma, you can file an emergency petition with the court.

An emergency petition is a mechanism that allows you to receive temporary custody, and immediately removes your child from the dangerous situation.

The benefit of an emergency petition is that you do not have to serve the abusive parent in Oklahoma.

The court is responsible for notifying them of the hearing, and their failure to show will likely result in the child being placed in your custody temporarily.

What Is an Abusive Parent in Oklahoma?

Child abuse can occur in many forms, though it is important to consider whether an objective person would consider an act against the child as “abuse.”

This is important in instances of corporal punishment.

Although some parents may use corporal punishment in the form of hitting, others may view this as abuse.

If the act of abuse arose of an act of corporal punishment, be sure to explain to the court that the incident was serious and went beyond mere punishment.

Documenting injuries or demonstrating that it happens regularly can strengthen your case.

Low-cost, Confidential Tulsa Child Custody Consultation

Even when your initial court battle is over, allegations of an abusive parent in Oklahoma are serious and should not be taken lightly.

To determine the best course of action for your family in a situation related to child abuse, contact an experienced Tulsa child custody attorney today.

For a initial consultation with an Oklahoma child custody attorney, call the Divorce of Tulsa Law Office today at 918-924-5526.

Parents who determine custody in a Tulsa, Oklahoma family court usually have two opportunities to maximize their parenting time.

The first opportunity is during negotiations with your ex, before the judge enters an order.

Your attorney can represent you during mediation or at trial to help get you the most parenting time possible.

However, if you’ve already been awarded visitation through a court order and would like more time with your children, you will need to file a Petition to Modify Custody.

Experienced Tulsa Oklahoma child custody lawyers can help you with this.

Before the Court Enters an Order

If the court has not yet entered an order in your Tulsa child custody case, be clear with your attorney about what your objectives are.

If you are going through a divorce, your attorney can try to fight for your right to have sole physical custody over your children. This means that your home will be the children’s primary residence.

Your attorney may attempt to arrange joint physical custody. This means that your children will live at your home 50% of the time.

However, joint physical custody only works where parents are able to coordinate and work well together to regularly exchange children during the week.

Joint custody is also preferable only when the child’s school and extracurricular activities will not be disturbed by moving from home to home.

Finally, your attorney can obtain a liberal visitation schedule for you, which can include after school time, weekends, holidays, summers and school breaks.

After the Court Has Entered an Order

If you are the non-custodial parent by court order and wish to have more visitation time, you can file a Petition to Modify Custody.

However, you must demonstrate that there has been a substantial change in circumstances.

This means that something significant has happened since the last order, such as a change in hours worked for either parent.

Or, if the other party is willing to negotiate, your lawyer may able to obtain more visitation time through negotiations.

Low-cost Initial Consultation: Tulsa Oklahoma Child Custody Lawyers

Figuring out a visitation schedule is not easy, especially on your own.

Thus, consider choosing a qualified Tulsa family law attorney to assist you during negotiations.

For a low-cost consultation with one of our experienced Tulsa Oklahoma child custody lawyers, call the Divorce of Tulsa Law Office today at 918-924-5526.

Discussing child custody issues during a Tulsa, Oklahoma divorce case can be highly emotional for any mother or father.

This is especially true when you have to split custody for the first time.

However, an experienced Tulsa child custody attorney can help get you through the process.

Legal Standard in Child Custody Cases

The outcome of child custody cases depends on several factors, but the court must only consider what will be in the best interest of the child.

The Tulsa court will consider where the child has community ties, friends and spends the majority of their time.

The court will also consider which parent can best take care of the children, and any other factors that demonstrate how the child’s best interest will be served.

Preparing for Your Meeting

The first time you meet your Tulsa child custody attorney, you should bring a number of documents and records that show your child’s current lifestyle.

You should also provide your attorney with financial records and any criminal records that you have.

You should also be prepared to open up to your attorney about all of the reasons your ex will allege you should not have custody over your children.

Low-cost Consultation: Tulsa Child Custody Attorney

For a initial consultation with a Tulsa child custody attorney, call the Divorce of Tulsa Law Office today.

Call 918-924-5526 right away for confidential assistance.

Oklahoma Child Custody Law

Child custody in Tulsa, Oklahoma is, like most states, decided based on what is in the best interest of the child. This is usually pretty easy to figure out when one parent engages in concerning behavior — like alcohol abuse, drug use, arrests or associations with people with criminal backgrounds.

However, when both parents are equally equipped to parent their children, Oklahoma child custody cases can be much more difficult.

What is Up for Consideration?

The court, in Oklahoma child custody cases, can consider almost anything as it relates to a child and which parent they should spend the majority of their time.

An important factor that Tulsa divorce courts consider is which parent is the primary caregiver in the home.

For example, if the father is the parent who prepares the meals, meets with teachers and takes the children to practice, the court may be inclined to award sole custody to him.

Courts also consider where the children have the most ties.

If the mother lives 40 minutes away from the children’s friends, school and community activities, she may not get sole physical custody because it would not be in the best interest of the children to uproot them from their current lifestyle.

How many hours a parent works or what type of hours they work is also a strong consideration for courts. If dad works five nights a week, it would not be in the children’s best interest to live with him primarily because they would be home alone at night time.

Or, if dad does not have a flexible work schedule and must work more than 40 or 50 hours a week, the court may not grant him sole physical custody.

Finally, if a child is age 12 or older, the court may consider what they want. Note, though, that this is not determinative. It is only a factor.

A court will also consider whether one parent was abusive towards the other or if there was any abuse against the children.

What Cannot be Considered

Tulsa court officials cannot consider which parent should get custody based on gender. For example, mom wouldn’t get custody just because she has a daughter. However, mom would likely get primary physical custody if she was breast feeding a small baby.

Similarly, a court cannot consider race as a factor in child custody, either.

The court also cannot weigh the fact that a child will attend private school, instead of public school as a consideration, and will not consider one parent’s financial status unless it will significantly affect a child.

For example, if dad can purchase a home with bedrooms for each of his children and mom can only afford a one-bedroom apartment, the court will take this into consideration.

Low-cost Consultation: Oklahoma Child Custody Cases

Determining child custody is hard on parents and children. When children are involved in a divorce Oklahoma child custody law can override one or both parent’s preferences. Oklahoma child custody laws also provide latitude for one parent to do what is best for a child when the other parent is unwilling or unable to fulfill parental obligations.

If you believe you are entitled to sole custody of your children, a skilled Tulsa child custody attorney can help get you the parenting time you deserve.

For a low-cost consultation about Tulsa, Oklahoma child custody cases, call Divorce of Tulsa Law Office today at 918-924-5526.