Custody of a child is one of the most sensitive areas of separation/divorce because it is always associated with a lot of stress and commonly ignites. To Tulsa parents need them to know all the legal matters and understand what is out there in the market in order to give their kids the best. This article provides the reader with a basic orientation of the laws governing child custody in Oklahoma, the distinctions between the different types of custody and some tips on hiring a divorce lawyer in Tulsa, Oklahoma, for dealing with such matters.
Child Custody in Oklahoma
The state of Oklahoma, like other states, utilizes the best interest of the child approach to child custody. Therefore, the court considers certain factors with regard to their health, safety, or otherwise in order to ensure that the given custody arrangement is most suitable for the child. This will provide the parents with a brief overview of some of the most basic forms of Oklahoma child custody laws that will be helpful in preparing for the custody case.
- Legal Custody: This includes the ability to choose significant parts of the young one’s life, such as school, treatment, and religion. Joint legal custody is defined by the equal division of the legal rights and duties in child raising, while sole legal custody is when the court awards the right to do so to a particular parent.
- Physical Custody: This relates to where the child will live and general childcare work. In terms of legal custody, the child may have joint or primary visiting rights, which means that the child spends a significant amount of time with both parents or lives with only one parent.
Types of Custody Arrangements
In the following state of Oklahoma, there are different forms of custody that can be granted by courts in an agreement that seems fit for the child. The most common arrangements include:
Joint Legal Custody
Decision-making power is equally divided between the two parents. Therefore, for this arrangement to work, parents need to have good communication and interdependence.
Joint Physical Custody
The child goes to both parents half of the time. This situation would allow the child to have close contact with both parents and balance their time between them, even if it may not be equal.
Sole Legal Custody
The legal rights give one of the parents the sole responsibility of making crucial choices regarding the child. This arrangement may be preferred if the parents’ conflicts are high or one of them lacks the capacity to make those decisions.
Sole Physical Custody
There is one parent who is given custody, to means the child will be living with this particular parent, while the other parent is given limited visiting rights. Such a scenario is quite common if one of the parents is more suitable as far as the daily management of the child is concerned.
Bird’s Nest Custody
The child stays in one home, and the parents take turns to live with the child and look after that home. It is relatively rarer, but the intention is to offer stability in the life of the child, especially when the parents need to cooperate.
Working with a Tulsa Divorce Lawyer
As with any legal process, the child custody issues may be rather challenging and emotionally straining. Employing a good Tulsa divorce lawyer can assist the parents in gaining knowledge of their privileges and opportunities and seeking their child’s welfare. Here are some tips for finding and working with a divorce lawyer in Tulsa:
Research and Referrals
First, it is recommended to use the internet to look for experienced family law lawyers in Tulsa. Consult your friends, relatives, or other related experts that you can recommend for the job.
Initial Consultation
This is the best time to book appointments with lawyers for consultation of your case. This is the best chance to judge their experience as well as how they do business and if you want to associate with them.
Experience and Expertise
This makes it necessary to seek the services of a lawyer who has handled other similar cases involving custody of children. An attorney familiar with the Oklahoma family laws can be very helpful and informative.
Communication and Compatibility
Effective communication is crucial. Make sure your lawyer has time to listen to your complaints, translate legal jargon, and update you on the progress.
Cost and Fees
Talk about the lawyer fee structure when first meeting with the lawyer. Learn how they bill – by the hour or a specific amount, as well as other possible fees that may be involved.
Mediation & Alternative Dispute Resolution
Most of the time, parents can sort out their differences through mediation or some form of other forms of ADR without the battle of going through court. Mediation is a process that entails the use of a third party after the parents have offered their side of the case to facilitate a solution acceptable to both parties as well as the most important party, which is the child.
Benefits of Mediation:
- More friendly compared to the court processes Most of the time, they are less aggressive compared to the courts.
- Possess the potential to be quicker and cheaper than more traditional methods of organizational information gathering.
- Enables parents to make their own decisions and, hence, remain in charge.
- Promotes one to work together as well as share information that may be useful in future child rearing.
Preparing for Custody Hearings
If mediation does not work, then the questions concerning the custody of the children can be answered only in court. Preparing for custody hearings involves:
- Gathering Evidence: Gather all records, papers, and other material that may be useful in winning a case for the custody of a child. These may comprise school records, medical documentation, and even communications documentation.
- Witnesses: It is also important to find out which people can provide information on the exclusivity of your relationship with your kid, as well as your ability to raise the child.
- Legal Representation: Consult with your Tulsa divorce lawyer, who will help you prepare for your case to be presented during the divorce hearing.
Conclusion
It is often difficult to decide who should be awarded custody over the children, but it is essential for individuals in Tulsa to familiarize themselves with the laws and procedures in handling child custody cases. Parents can, therefore, try to inform themselves on this matter and, where the opportunity arises, try to cooperate with the other parent and seek advice from a professional Tulsa divorce lawyer to ensure that they come up with a custody arrangement that will meet the best interest of the child.