The primary worry for men in Oklahoma who anticipate getting divorced is almost often child custody. Fathers who commit the future of their family to family courts frequently experience constant anxiety over child custody. The unease is caused by an antiquated assumption that mothers should have child custody rights after divorce since they are more likely to be active in their children’s lives.
But in Oklahoma, the children’s best interests are what the courts consider. Practically speaking, a child’s best interests often entail spending as much time as is possible with both parents. Protect your parental rights if you’re getting a divorce by speaking with a skilled Tulsa child custody lawyer for men straight now.
Oklahoma’s Child Custody Regulations
Physical, legal, and primary custody are just a few of the issues that Oklahoma courts deal with regarding child custody. The ideas are related. It is possible for a parent to have joint custody but not main custody, joint custody but not physical custody, or sole custody but not physical possession at different points in time.
When changing parental responsibilities and timetables in family court, a dad must have a solid knowledge of the principles involved.
Custody of the body
The parent who is currently in charge of a kid’s care has physical custody of that child. Physical custody of a kid is exchanged when parents deliver or pick up the child from the other parent in accordance with a parenting plan. Who will have physical custody during the school year, on weekends, holidays, and other occasions is often outlined in a parenting plan.
Legal custody is the term used to describe a parent’s rights and obligations to make significant legal decisions for the children, such as choices on their education, health care, religion, and other matters.
Fathers participating in child custody disputes must make choices about their kid’s physical and legal custody. One parent may be given sole legal custody, or both parents may share legal custody:
• Exclusive Custody
Only one parent has the authority to make significant legal decisions for the children when there is exclusive legal custody.
• Shared Custody
Most often, dual legal custody is used. Both parents share the authority to make significant legal decisions for the children under joint custody arrangements.
Recently, the main custodial parent was acknowledged by Oklahoma appeals courts as a third concept in child custody. When a parent plans to relocate a considerable distance away, courts may inquire as to which parent is the principal caretaker, even though both parents may ordinarily have equal power under a joint custody agreement. The parent who doesn’t have primary custody may have fewer options for where to take the child.
To address the issue of main custody, however, a dad wishing to relocate with his kid or to shield a youngster from a far-off transfer needs the expertise of a Tulsa child custody lawyer for men because Oklahoma courts have seldom, if ever, established who is a primary custodial parent.
The court ultimately has broad authority in deciding child custody, and it is always motivated by what it determines to be in the best interests of the kid. Get in touch with a knowledgeable Tulsa father’s rights attorney right away if you have questions about custody.
Modification of Custody
If you already have a custody arrangement that has been approved by the court, it doesn’t imply that it has to stay that way for the duration of your children’s upbringing. The court is aware that with time, people’s lives, living conditions, jobs, and addresses change, and that occasionally, these changes have an impact on how child custody arrangements turn out. A parent may thus submit a Motion to Modify Custody Order.
Unless there has been a significant change in circumstances that impacts your children’s best interests, the court will normally not entertain such a modification. For instance, relocating out of state for the custodial parent of your children would most certainly qualify as a major change. Finally, the court may, in some circumstances, consider custody adjustments based on the personal preferences of older children. Consult with a skilled Tulsa child custody lawyer for men right away if you think a revision of the custody arrangement may be necessary in your situation.
Visitation vs. Custody
Older divorce court precedents gave mothers custody and fathers visiting rights. Those times have passed. Time spent with a kid by a non-custodial parent during sole custody arrangements may be deemed visitation. Instead of visitation, many men prefer to think of this as parenting time. By maximising the amount of days the non-custodial parent is granted visitation or by agreeing on joint custody, they want to maximise their parenting time.
Visitation can be a completely valid parenting strategy if you are okay with your ex-spouse making all important choices regarding your kid’s future, such as whether the child will relocate out of state. Otherwise, if you wish to continue playing the role of a parent, you could choose joint custody if you wish to keep the power to make important choices for the kid as part of your parenting role. In Oklahoma, courts make decisions about a father’s visitation rights first and foremost with the child’s best interests in mind when there is a dispute between parents.
Orders for Emergency Custody
Most parents going through a divorce prioritise the care and custody of their kids, but custody battles can occasionally turn deadly for the kids involved.
When parents are going through a divorce, sometimes less harmful situations might appear dangerous to the other parent. Divorce is emotionally stressful, For the children of the marriage, the stress manifests itself in less-than-optimal ways. When fed by rage and despair, dysfunctional behaviors that lead to a divorce can develop into deadly outbursts. After a divorce, new dysfunctions may appear, making the parent unfit to care for the children.
Whatever the case, the court permits emergency custody orders in the following situations:
• If the parent requesting the emergency order has a police report indicating that the children are living in hazardous circumstances that, if they continue, would probably result in irreparable injury.
• If the parent requesting the emergency order provides a signed declaration from someone who has firsthand knowledge of the kids being kept in dangerous situations that are likely to expose them to harm,
You need an experienced Tulsa fathers’ rights lawyer on your side whether you are the plaintiff or the defendant in a case involving an emergency custody order.
Speak with a Tulsa Child Custody Lawyer for Men Right Away
Your child custody arrangements are undoubtedly front of mind while you are going through a divorce. Dedicated male child custody lawyers for fathers have the knowledge, aptitude, and empathy to zealously defend your parenting rights. A fathers’ rights attorney may also assist you if you have court-ordered parenting arrangements that no longer make sense in your life and the life of your children.
You owe it to your connection with your kids to fight for the child custody rights that both you and they merit. Call our office at 918-986-7724 for additional information now. Our committed legal team is available to assist. Additionally, you may email us using our online contact form.