When it comes to child custody in Oklahoma, it's important to know that it's often referred to as parenting plans. These plans detail where the child will live, which parent they will live with, and how decisions will be made in the child's life. This includes everything from education and healthcare to even religious practices.
However, what many people don't realize is that the parenting plan you create now can have a significant impact on your future relationship with your child and their overall well-being. That's why it's crucial to work with an experienced family law attorney who can help you craft a plan that is both comprehensive and protective of your child's best interests. With the right guidance and support, you can ensure that your parenting plan sets the foundation for a positive and healthy relationship with your child for years to come.
Child custody matters can be complex and emotional, but understanding the different types of custody can help you navigate the process more effectively. In Oklahoma, there are two main types of custody to consider:
Physical Custody: This refers to the time each parent spends physically with their child and determines where the child will live. It can also impact child support payments.
Legal Custody: This involves the responsibility of making important decisions for the child, such as education, healthcare, religion, discipline, and lifestyle choices.
Custody arrangements can be awarded as sole, joint, or joint legal custody with or without a primary custodial parent.
Child custody arrangements are typically addressed during divorce proceedings, with both an initial and final determination being made. Additionally, custody can also be established for children born out of wedlock once paternity is established. Unfortunately, it is not uncommon for one spouse to prohibit the other from seeing the children after separation, adding to the challenges faced by both parents and children during this difficult time.
In Oklahoma, if a parent is denied access to their child, the only way to enforce parental rights and access is by obtaining a temporary order. This order establishes temporary custody and visitation arrangements for each parent. Without such an order, both parents generally have equal rights to the children, but there is no mechanism for enforcing those rights without a court order, except in emergencies.It is worth noting that Section 110.1 of Oklahoma Title 43 encourages trial courts to provide substantially equal access to the children if a parent requests it.
However, this is not a mandate. Once temporary orders are in place, if one parent continuously refuses to follow the court's orders, thus denying access to the child, Oklahoma courts may use this behavior as grounds for awarding custody to the parent who was unjustly denied access.
Navigating child custody matters can be challenging, but understanding the types of custody and the legal process can help you protect your rights and the well-being of your child. Seek legal guidance to ensure you make informed decisions and advocate for the best interests of your family.
