May 30, 2023
Going through a divorce where you share children with your spouse can be exceedingly difficult. Having to explain to your children that you and your spouse will no longer be living together is not an easy conversation to have. Even more difficult may be telling them that they will no longer be able to spend as much time with you due to a custody order.
Many fathers feel that they are at a distinct disadvantage when fighting for their custody rights. Some believe that simply because of their sex, they will be less likely to get custody during a divorce. The truth is that there are many factors that go into who will get awarded custody of children by the courts. Learning about the process and what the court looks at can help you better prepare for what may lie ahead.
To end your marriage, there will be issues that you and your spouse must first resolve. If you cannot agree on these issues, then a judge will decide them for you. Where the children will spend their time is one of those issues that must be resolved. While some couples can work out an agreement that the court approves, many cannot. So when your custody case is brought before the court, there are many factors that the judge will consider when deciding who will have custody of the kids.
It is important to understand that there are two types of custody in Oklahoma – legal and physical. Legal custody concerns who are allowed to make decisions on details of the children’s lives. This typically includes where they will go to school and decisions on their medical health and treatment. Physical custody deals with who children will live with. For both legal and physical custody, the court can award sole or joint (shared) custody. It is possible for physical custody to be split evenly, but in many cases, one parent is given primary custody, and the other has visitation rights.
The law says that in deciding on who gets custody, the court must determine what is in the best interest of the children. The law also says that there should not be any presumption on who will be better suited to receive custody. What this means is that the wellbeing and development of the children are the primary concern, and the court is not allowed to favor the mother or the father in making its decision.
The law says that the court must look at several factors to determine a custody arrangement that will be in the best interest of your children. Some of these factors are:
The factors listed above are just some of what the court will look at. The law allows the judge to consider anything that will help them determine what is in the best interest of the child. While it may be true that mothers are awarded custody more often than fathers, it is not always the case. If it can be demonstrated through the factors listed above that custody with the father is in the best interest of the kids, then the court will award him custody. The law in Oklahoma is clear, and fathers have just as much of a chance to be awarded custody as mothers.
If you are facing a custody issue, then you should promptly contact an Oklahoma child custody lawyer for guidance. They could help you determine which steps to take to protect your rights to your children. Inner Vision Legal is a well-regarded family law firm with substantial experience in divorce, child custody, child support, and more. Inner Vision Legal always strives to produce optimal results for its clients and to provide quality services that are affordable. To learn more about how Inner Vision Legal can help you, call (405) 724-2525 or contact us online.