Divorce with children involved can be complicated. Negotiating an agreement on how to care for your children involves more than deciding where the kids will reside. In Oklahoma, you must understand the difference between physical child custody and legal custody. Working with an experienced family law attorney is the first step in getting the outcome you want in your custody case.

Child custody guidelines are provided by each state. In Oklahoma, one parent typically must seek approval from the other parent on various issues, such as relocating children. However, if the court grants sole legal custody to one parent, the parent with legal custody is not required to obtain the other parent’s consent to make decisions about the children.

Physical Custody versus Legal Custody

Understanding the differences between physical and legal custody is essential in an Oklahoma divorce with children. Physical custody is granted to the parent who will have the child reside with them. Most judges believe the best interests of the child are to have joint custody arrangements, but there are exceptions if the evidence proves that one parent is unfit. Legal custody refers to a parent having the authority to make crucial decisions for the child. This includes decisions regarding the child’s religion, education, health, and other important matters.

It is beneficial if you and your ex-spouse can agree to share legal custody of your children. However, this requires effective communication and conferring with each other before making decisions for your children. However, if you cannot reach an agreement, the judge may have to intervene.

When parents are unable to agree on custody, the court may require a parenting plan. A parenting coordinator may be appointed to assist in resolving disputes. Additionally, if a child custody order is entered and circumstances change significantly, a parent can request that the court modify the custody order.

What if I Want Sole Custody of My Kids?

Sole custody means a parent is granted both physical and legal custody of the children. Typically, sole custody is only granted if just cause is shown by the evidence that joint custody is not in your children’s best interests. If you intend to request sole custody, you must work with your family law attorney to gather evidence to support your request. Sole custody is often granted in cases of domestic abuse, substance addiction, parental incarceration, child neglect or endangerment.

Enforcing Custody Orders

After the judge enters a custody order, both parents must comply with its terms. If a parent fails to comply with the order, the other parent can file a motion with the court to enforce it. In Oklahoma, court orders can be enforced through contempt of court proceedings, modification motions, and even intervention by law enforcement. If the judge determines the parent willfully disobeyed the custody order, the consequences may include fines, community service, or even jail time.

Contact Babbit, Mitchell & Ogle Today

Every family law matter is unique, but understanding what Oklahoma courts consider in your case is critical. The best interest of the child is always the priority in custody matters. The law requires both parents to financially support their children. Whether you need help seeking custody or enforcing a custody order, our family law attorneys can guide you through the process.

If you are looking for a family law attorney, contact BMO Law for a consultation. We aggressively fight on behalf of our clients. There are long-term implications for those affected by a family law case, and we are here to protect your best interests.

At BMO Law, you are not just getting one attorney, you are getting a team!