Oklahoma Child Custody and Child Visitation
Oklahoma courts hope that parents can amicably come to a resolution on the many issues that need to be addressed regarding children. Among these issues, child custody and child visitation rights are two of the most important and often the most contested. Oklahoma courts are often forced to intervene and make difficult decisions if parents cannot come to a resolution regarding Oklahoma child visitation and Oklahoma child custody issues. When courts are forced to make the decision, they will do what is in the child’s best interests. The child’s best interests are determined by assessing a number of factors provided by Oklahoma law. The information below provides these factors and other notable provisions of Oklahoma law. It is very beneficial to understanding child custody and child visitation proceedings in Oklahoma, to consult a Oklahoma child custody attorney.
Oklahoma Child Custody
A parent in Oklahoma can receive sole custody or joint custody of their child. Following most other jurisdictions, Oklahoma courts appoint custody in accordance with the best interests of the child standard. This standard is meet by making an assessment of the following factors:
If both parents agree to joint custody, then courts will require that the parents submit a custody plan. This custody plan can be either made jointly or separately by each parent. Each plan must detail the child’s living arrangements, child support for the child, how medical costs will be covered, school placement, and child visitation rights. Additionally, each parent must provide a signed affidavit stating that he or she agrees to abide by the custody plan’s terms.
Once the court reviews the parent’s joint or separate custody plans, it will create a final custody order that will include plans detailing terms of the custody. This Oklahoma child custody order can only be modified if the court finds that the circumstances have changed so as to require a modification in order to continue to serve the child’s best interests.
Oklahoma child custody proceedings can often be a long and emotionally exhausting process. The length and importance of such proceedings justifies seeking the help of legal counsel before going through such proceedings. Therefore, consult an Oklahoma child custody lawyer before going through child custody proceedings.
Oklahoma Child Visitation Rights
Visitation rights refer to a noncustodial parent and nonparent’s rights to child visitation – spending time and visiting with a child. Oklahoma courts operate with the policy that children should have frequent and continuing contact with both parents. As such, unless granting visitation rights is detrimental to the child’s best interests, noncustodial parents generally are entitled to reasonable child visitation rights.
Grandparents in Oklahoma may receive child visitation rights if it is in the child’s best interests. Additionally, the grandparent must show that granting visitation to him or her would not harm the child or leave him susceptible to harm.
In cases where granting Oklahoma child visitation to a parent or nonparent may harm the child, Oklahoma courts can use available methods to alter visitation rights to protect the child. These methods include:
When creating a visitation plan for a noncustodial parent, the plan should include the minimum amount of visitation in which the noncustodial parent is entitled. Additionally, unless the custodial parent provides good cause, the noncustodial parent should be allowed liberal telephone communication rights when it comes to contacting the child.
When attempting to gain child visitation rights, you will best be served by consulting an Oklahoma child custody attorney with experience working on child visitation rights.
Oklahoma Statutes
Child Custody and Visitation Rights
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