Child custody in Oklahoma is divided into two parts: legal custody and physical custody. When parents go through a divorce or separation in Oklahoma, one of the key issues the court must resolve is custody of the children. Understanding what legal custody means—and how it affects your rights as a parent—is essential to protecting your role in your child’s life.
What Does Legal Custody Do?
While physical custody determines where the child lives and who provides daily care, legal custody refers to the right to make important decisions about the child’s upbringing. These include:
- Education and school enrollment
- Medical and dental care
- Religious training or participation
- Counseling and mental health treatment
- Extracurricular activities
A parent with legal custody has the authority to make these decisions, either alone or jointly, depending on the arrangement.
Types of Legal Custody in Oklahoma
Under Oklahoma law, there are two main types of legal custody:
1. Sole
One parent is granted the exclusive right to make major decisions on behalf of the child. The other parent may still have visitation rights but does not have legal authority over key decisions.
Sole legal custody is typically awarded when:
- The parents have a history of high conflict
- One parent is unfit due to abuse, neglect, or substance abuse
- The parties cannot communicate or cooperate effectively
2. Joint
Both parents share the right and responsibility to make major decisions together. Joint legal custody is often awarded when both parents are fit, willing, and able to cooperate in the child’s best interests.
Even in joint arrangements, the court may assign one parent as the tie-breaker on certain issues or designate areas of responsibility (e.g., one parent handles education decisions, the other handles medical decisions).
How Courts Make A Decision
Oklahoma courts use the best interests of the child standard to determine whether sole or joint custody is appropriate. The judge will consider:
- Each parent’s ability to communicate and cooperate
- The child’s needs and emotional well-being
- Any history of domestic violence or abuse
- The involvement of each parent in the child’s life
- The child’s wishes (if old enough and mature)
Custody decisions are not automatically based on gender or the amount of physical time a parent spends with the child.
Can We Change The Custody Arrangement?
If there is a significant change in circumstances—such as relocation, parental unfitness, or ongoing conflict—a parent may petition the court to modify the custody arrangement. The court will review whether the change is in the child’s best interests.
Creek County Custody Attorneys
Legal custody affects your ability to stay involved in your child’s education, healthcare, and long-term well-being. Whether you’re seeking joint custody or looking to modify an existing order, our team at Creek County Attorneys is here to advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
