Sole child custody in Creek County involves the situation where one parent acts as the primary decision maker for the children of the parents involved in the case. Child custody cases are most common in divorce or paternity cases. Sometimes the parents can agree on what type of custody they want. If this is the what’s going on in your case the matter will move forward much quicker. If on the other hand the parents don’t agree the Court decides the issue based on what is found to be the best interest of the child.
Sole Custody of a Child in Oklahoma
Sole child custody refers to a legal arrangement in which one parent is granted exclusive legal and physical custody of a child. This means that the parent with sole custody has the legal authority to make important decisions about the child’s upbringing, including education, healthcare, and religion, without needing the other parent’s consent. The parent with sole custody also has the right to physical custody of the child and is responsible for the child’s day-to-day care.
How Do I Get Sole Custody
If you want sole custody of your child, you need to file a petition with the family court in your jurisdiction. In a paternity case involving unwed parents and in a divorce, jurisdiction is proper where the child is found. This means that regardless of where the parents live, if the child resides in Creek County the case is heard in the District Court in Sapulpa. To be granted sole custody, you typically need to demonstrate to the court that it is in the best interest of the child to be in your sole custody.
This is done by putting on an evidentiary hearing with the Judge. The first hearing is the temporary order hearing. This sets up custody on a temporary basis. After this hearing the parents and attorneys may reach an agreement or not. If they do not the court makes us all attend a mediation and try to get an agreement there. If we still cannot agree the parents have to put on a trial to let the Judge decide on a permeant basis. In addition the court will decide child support based on the Oklahoma child support comps. Factors that the court may consider in determining the child’s best interests may include:
- The child’s age and developmental needs
- The relationship between the child and each parent
- The history of each parent’s involvement in the child’s life
- Each parent’s ability to provide for the child’s physical, emotional, and educational needs
- The child’s preference, if the child is old enough to express a preference
- Any evidence of domestic violence or abuse or protective orders
- Any other relevant factors
- Child preference
What Are My Chances of Getting Sole Child Custody
In Oklahoma the Courts determined that joint or shared child custody is presumed. The presumption means that the parent asking for full child custody has the burden of showing to the court that its in the best interest of the child. Sometimes this is easy while others its a battle. The point is that you have to argue certain facts that favor your position while the other parent is given the chance to argue their case. To increase your chances of being awarded sole custody, you need to provide evidence to support your claims. This includes witnesses, documents, or expert testimony.
Creek County Custody Attorneys
If you find yourself in a child custody case we can help. With both divorce or paternity cases sole custody is possible but it requires certain legal skills. What may seem to be a fact may be just that. But, in those cases that the other parent doesn’t agree you need a team of family lawyers that can argue your case to the Judge. This means calling witness that favor your case cross-examining the other parent and their witnesses. For a free and absolute confidential conversation about your case call at 918.209.3709 or click this link to ask a family law question.