Legal Child Custody in Tulsa

Child custody disputes can be complex and difficult for the parents and children involved. Parties often contest different types of custody—legal, physical, sole, or joint—during a divorce or separation. Legal child custody in Tulsa refers to a parent’s right to make important child-rearing decisions regarding their child’s life.

If you are involved in a dispute over legal custody, you may need a child custody attorney’s help to navigate the process. A knowledgeable lawyer could help you understand your rights and pursue a fair outcome.

What Is Legal Custody?

Many parents view custody as a single issue determining who gets to take care of the children and when. However, there are two main types of custody: legal and physical. Parents could, for example, share legal custody equally, with one parent having primary physical custody.

Legal custody specifically refers to parents’ rights to make critical decisions about major aspects of children’s upbringing. Legal custody affects major life decisions, including:

  • Where they attend school
  • What activities they participate in
  • If and where they attend church or religious services
  • How they receive medical care, including medications and vaccines

A parent in Tulsa with sole legal custody will have the only say in these matters for their child, but when parents share legal custody equally, they must consult with each other before making final decisions on these issues.

How Do Courts Determine Legal Custody?

Under Oklahoma’s Children’s Code (Oklahoma Statutes § 10A-1-1-102), the state aims to provide for the best interests of children in every family. This means encouraging a strong bond between children and each of their parents, and making sure parents raise children in a safe environment at all times.

When Tulsa courts must decide on legal custody for a child, they consider best interest factors, which include:

  • Emotional and physical needs
  • The parenting abilities of both parents
  • Each parent’s mental and physical health
  • The stability of each parent’s home environment
  • History of parental drug use or other concerning behaviors
  • Concern over emotional or physical danger in either household
  • The preference of the child, if the child is old enough to form and express an intelligent preference (typically age 12 and up)
  • The willingness of each parent to encourage a strong, loving relationship between the child and the other parent, such as by not speaking poorly of their co-parent in front of the child

To assess these and other factors, judges use the facts available to the court and conduct an evidentiary hearing for each parent to make their case. If the parents can reach a custody agreement, they can avoid a court hearing and the risk of having a judge decide their parenting arrangement. In this case, parents instead submit a joint custody arrangement to the court for review.

Potential for Future Modifications

A decision affecting legal custody is monumental for parents, but most importantly for the child involved. Courts seriously consider such decisions and will not modify a legal custody order unless there is a significant change in circumstances. It is therefore crucial to prepare thoroughly for any custody hearing with the help of an experienced Tulsa legal custody attorney to ensure an outcome that works best for your children.

Contact an Attorney in Tulsa to Discuss Legal Child Custody Today

Legal child custody in Tulsa is a critical issue that parents may contest in court. Custody disputes can be lengthy and complex. If you are pursuing legal custody of your child, contact the experienced child custody attorneys at LaCourse Law to schedule a free consultation.