Are you going through a divorce and have children? Read these 5 things to learn about your custody claim, then call our Stillwater lawyers.
1) Best Interest of the Child
All divorce cases and family matters deal with children. What’s most important to the courts and to all lawyers involved is what’s in the best interest of the children, and that’s a slippery slope. Everyone looks at things differently. Everyone has their perception. One thing we can start with is this: your children will always be your children, and parents need to work together for what’s in the best interest of them. There are reasons why one person thinks the other person shouldn’t have custody – I understand that – but when it comes right down to it, both parents love their child. I tell people all the time be careful the positions you take and the battles you want to fight because you could win the battle and lose the war. I always take time with my clients, to analyze the situation with them and help them understand what their thoughts are about what their best interests are and why. I help them evaluate to make sure they’re sincere and they’re not more to punish the other parent. What it all comes down to, at the end of the day, is the court’s worried and concerned about what’s in the best of the children, and the parents should be too.
2) Shared Parenting
If you’re going through the divorce process and you have minor children, you’re probably most concerned with how much time you’re going to get to spend with the kids. There’s something in Oklahoma called shared parenting, which allows the parties to have equal time; both parents, mother and father, get equal time with the kids. Oftentimes, it can be week-to-week alternating. It’ll just depend on factors specific to your case – how far apart you guys reside, what the ages of the children are, and so forth. It’s something where you have to review that situation with an experienced divorce attorney, to assess what the options are.
3) Sole Custody vs Joint Custody
If you’re going through a divorce process and you have children, the question’s going to be, “What type of custody do I qualify for?” In Oklahoma, there are two broad categories; there’s going to be sole custody and there’s going to be joint custody. The parent receiving sole custody will have the unilateral right to make decisions that affect the child’s life, including but not limited to medical decisions for major medical procedures, educational decisions for the child or children, and extracurricular activities even can be decided unilaterally by that parent. Sole custody vets that parent with a lot of authority over the children’s lives, so it’s important to contact an experienced divorce attorney to determine whether it’s your right to receive sole custody or whether the other parent is likely to receive that.
4) Who Gets Custody
If you’re going through a divorce action, you and your spouse probably both are seeking to have custody of your children. In doing so, the question becomes what do the judges look at in determining which parent is going to receive custody? At the trial, there will be evidence and testimony presented, and the judge is supposed to evaluate that based on what will serve the best interest of the minor children in which parent receives custody. In doing so, you’ll need to contact an experienced divorce attorney to assess what your facts are that will best serve your case in making a claim for custody.
5) Changing Custody Order
A lot of times, parents who have gone through a divorce process wonder if they can change a custody agreement. The answer is maybe. It’s going to depend on whether you qualify under Oklahoma law. There’s a standard in which there needs to be a substantial permanent and material change of circumstances that directly affects the best interest of the minor children. Your request to change custody should be serving those best interests for the minor child’s temporal, mental, and moral welfare. That’s something that we assess on a case-by-case basis. If you believe you have a viable condition that’s occurred that results in a modification of custody in your favor, you need to contact an experienced divorce attorney to review those facts.
If your marriage is dissolving and you have children, you may be wondering about a custody order. After checking out these 5 things to learn about your custody claim, contact a Stillwater child custody attorney at Murray Law Firm today for a free confidential consultation and case evaluation. Let our experience work for you.
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