Determining the Best Interest of the Child in Tulsa

To make decisions on child custody issues, judges consider what is in the best interests of the child in all cases. Determining the best interest of the child in Tulsa involves a review of several factors that affect a child’s health and well-being.

When preparing for a child custody case, you should know what the factors are and how they are determined by the courts. An experienced child custody attorney could discuss your options and help you navigate the challenging legal process when your child’s custody is at stake.

What Are the Best Interests of the Child?

The best interest of the child is a standard used by Tulsa courts to decide issues related to custody. Overall, courts seek to promote children’s safety, health, happiness, and overall development. The best interest factors prioritize these issues over the parents’ own interests, providing a neutral way for judges to analyze a child’s well-being without simply relying on the arguments of the parents. The best interest factors include:

• The child’s relationship with each parent
• The physical and emotional needs of the child
• The mental and physical health of both parents
• The ability of each parent to provide a secure home
• History of abuse, neglect, and domestic violence in either household
• Whether each parent can encourage a loving relationship between the child and the other parent
• Whether one parent has been a primary caregiver for the child (and any issues with disrupting that arrangement)
• The child’s own preference, if they can express it intelligently (this usually applies to children aged 12 and up)

As you can see, parental preferences are not part of the best interest factors, so bad-mouthing the other parent is not enough to win custody. The court will make a custody decision based on the factors that most influence your child and their upbringing.

How Is Custody Decided?

The state’s Children’s Code, under Oklahoma Statute 10A § 1-1-102, sets the basis for using best interest factors and promoting a child’s well-being above the parents’ interests. Courts decide on as two types of custody when evaluating under Okla. Stat. tit. 43 § 112.5: legal custody and physical custody.

Legal custody includes the rights of either parent to make decisions on education, religion, health care, and other critical parts of a child’s upbringing. Physical custody involves where a child physically stays from day to day. Tulsa courts use evidence from both parents, independently gathered evidence, witness testimony, and other information to determine a child’s best interests during a custody dispute.

Understanding how the best interest factors work, what judges are looking for, and what evidence supports each factor will help you navigate the child custody process. Experienced child custody attorneys could help provide valuable guidance.

Contact a Tulsa Attorney for Advice in Determining Your Child’s Best Interest

To make the best case during a child custody proceeding, you should understand how to present a child-centered argument that applies the best interest factors. Courts determining the best interest of the child in Tulsa use a wide variety of evidence on which to base their decision. It helps to have a knowledgeable child custody lawyer who could help you craft a strong argument based on your child’s best interests. To learn more, reach out to our team of dedicated child custody attorneys to schedule a consultation.