Child custody is generally divided into two types: physical custody and legal custody. Physical child custody in Tulsa involves the time a court permits each parent to spend with their child. Legal child custody, meanwhile, addresses each parent’s abilities to make important life decisions for the child, regarding topics such as school and health care.
Physical custody orders are key to any child support calculation in the state, and when a court enforces such an order, the involved parties must comply. It is therefore critical to ensure the court considers your concerns and wishes when determining physical custody. One of our dedicated child custody attorneys could help you understand what comes next and how to make the best case for time with your child.
Physical custody determines where a child spends their time each day. Sometimes referred to as parenting time, visitation, or overnights, it involves the time spent at either parent’s home. A parent in Tulsa can have primary physical custody of their child while sharing legal custody, or vice versa, but in this state, there is no such thing as general “full custody.” Rather, courts consider each type of custody separately when establishing orders for parents to follow.
Under state law, involved parties must create a schedule outlining the overnights with each parent. The schedule also describes which holidays the child will spend with each parent, and how the child might alternate between them. When a parent has at least 121 overnights each year, they are said to have shared parenting time, a measure that impacts child support calculation.
Under Oklahoma’s Children’s Code (Oklahoma Statutes § 10A-1-1-102), courts aim to provide for a child’s best interests when deciding physical custody. To do so, courts consider several best interest factors, including:
Courts rely on evidence and witness testimony if a custody hearing is necessary. Judges then apply the evidence to the best interest factors to determine a physical custody schedule that suits a child’s needs. If parents can reach an agreement on physical custody without a hearing, they and their attorneys can create a physical custody arrangement for the court’s approval.
Physical custody orders make an enormous impact on a child’s life and their relationships with each parent. Concerned parents want to make sure the courts have all the needed information to make the best decision for any children involved. An experienced Tulsa lawyer who understands the uncertainty of a physical child custody battle could help you navigate this often difficult process.
Physical child custody in Tulsa is often a fiercely contested issue among parents during a divorce or separation. When faced with such a challenging process, it helps to have the knowledge that an experienced custody lawyer brings. To learn more about your legal rights and options during court proceedings, contact a dedicated Tulsa child custody attorney from LaCourse Law today.
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