Child Custody
In general there are two types of custody in Oklahoma:
A custody award in Oklahoma can be sole custody to one parent, joint custody, or split custody. Oklahoma does not prefer one arrangement over the other, nor does Oklahoma favor one gender in awarding custody in a divorce.
In awarding custody of a child, the court will consider the best interest of the child, taking into account the child's physical, mental, and moral welfare. Factors courts consider in making a custody determination include: which parent is more likely to facilitate a relationship with the noncustodial parent; which parent is better able to meet the needs of the child; and the child's preference if the child is over the age 12, however, the court is not bound by the child's preference.
Overall, the court seeks to maintain frequent and continuing contact with both parents, so if one parent is granted physical custody of the child, the other will be entitled to liberal visitation unless the Court finds there is a reason visitation should not be allowed or should be limited.
Child Custody Location
Oklahoma has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which governs subject matter jurisdiction over child custody matters. According to the UCCJEA, Oklahoma has jurisdiction over the custody of a child if Oklahoma is the child's "home state." The child's "home state" is the state in which the child has lived with one parent for the last six consecutive months before the child custody proceeding.
In general there are two types of custody in Oklahoma:
- Legal custody is the authority to make important decisions for the child related to such long-range issues as education, religion, and medical care.
- Physical custody refers to the physical care and control of the child or the visitation schedule.
A custody award in Oklahoma can be sole custody to one parent, joint custody, or split custody. Oklahoma does not prefer one arrangement over the other, nor does Oklahoma favor one gender in awarding custody in a divorce.
In awarding custody of a child, the court will consider the best interest of the child, taking into account the child's physical, mental, and moral welfare. Factors courts consider in making a custody determination include: which parent is more likely to facilitate a relationship with the noncustodial parent; which parent is better able to meet the needs of the child; and the child's preference if the child is over the age 12, however, the court is not bound by the child's preference.
Overall, the court seeks to maintain frequent and continuing contact with both parents, so if one parent is granted physical custody of the child, the other will be entitled to liberal visitation unless the Court finds there is a reason visitation should not be allowed or should be limited.
Child Custody Location
Oklahoma has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which governs subject matter jurisdiction over child custody matters. According to the UCCJEA, Oklahoma has jurisdiction over the custody of a child if Oklahoma is the child's "home state." The child's "home state" is the state in which the child has lived with one parent for the last six consecutive months before the child custody proceeding.