_MICHELLE K. SMITH
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
.
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
.
Oklahoma Custody FAQ
FREQUENTLY ASKED OKLAHOMA CHILD CUSTODY QUESTIONS
Below are answers to questions frequently asked by men and women about custody in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this web site is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state. 1. If we have joint custody does it mean we share visitation time equally? Not necessarily. In Oklahoma, it is possible to have joint custody with standard visitation. Joint custody is a legal term and it is not necessarily tied into how much time each parent spends with the child. 2. What is the difference between joint custody and sole custody? In a joint custody plan both parents have equal decision making rights regarding the children. For example. if a child may need braces the parents will decide together whether the child needs braces, when the braces will be put on and what dentist to use. If the parents can't agree then the parents may go to mediation, may have a parenting coordinator to help break the tie or the parents may file in court and ask the judge to make the decision. In a sole custody plan, the parent who has sole custody has the right to make all major decisions for the child without consulting the other parent. In the example above the parent with sole custody would decide when, if and where the child received braces and then inform the other parent of the decision. 3. Will the judge award joint custody in my case? Maybe. If both parents agree to joint custody the judge will usually award joint custody. If only one parent wants joint custody the judge may still award joint custody. In deciding whether to award joint custody the judge will consider things like how well the the parents can communicate about the children, how involved each parent was with the children before the parties separated and whether there is any history of domestic violence. 4. Can custody ever change? Yes. Under Oklahoma law custody can always be modified when it is in the best interest of the child. 5. What are my chances of gaining custody of my children? That depends on the facts of your case. Neither joint custody nor sole custody are preferred in Oklahoma. Instead the custody award is based on the best interests of the children. If both parents were involved with the children during the marriage and the parents are still able to communicate regarding the children, then joint custody is a possibility. There are many misconceptions about joint custody and it is important to understand the legal implications before making a decision. 6. Will the judge consider my child's preference? If the child is at least twelve years old the judge will consider the child's preference, however, the child's preference is only one factor the judge considers in determining custody. If the child is less then twelve years old the child's preference might not be considered. If a young child has a strong preference a parent can request a Guardian Ad Litem to investigate the child's preference and to help the judge determine what is in the child's best interest. 7. What is a Guardian Ad Litem? A Guardian Ad Litem is an attorney appointed by the judge. Either parent can request a Guardian Ad Litem or the judge may decide to appoint one. The Guardian Ad Litem will meet with the children and the parents. The Guardian Ad Litem will also investigate by calling teachers, relatives and any other contacts listed by the parents. After investigating the Guardian Ad Litem will make a report and recommendation to the judge. The judge will consider the Guardian Ad Litem's report when deciding custody and visitation. The parents usually share the cost of the Guardian Ad Litem. 8. Can I just agree to custody? Yes. If you and your spouse are in agreement about custody and visitation your attorney will draw up a custody plan and let the judge know the parents have reached an agreement. This agreement will be signed by both parents, the attorneys and the judge before it is filed with the court clerk. It is always better if the parents can come to a fair agreement about custody and visitation because the parents can come up with a plan that is customized to their situation. Of course, if one parent is being unreasonable custody can always be decided by the judge. |
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Michelle K. Smith
Attorney at Law, PLLC 1211 N Shartel, Suite 1005 Oklahoma City, OK 73103 Phone: (405) 759-2333 |