What Are the Different Types of Custody?

Child custody in Oklahoma is assumed to be a joint venture during a divorce and afterward, so long as the father of the child is acknowledged. That means that both parents have custody of the child or children where these children are the result of the marriage or before the marriage between both parties of the marriage – that includes children that are adopted by the couple and their natural offspring. 

Custody in Oklahoma

When the court orders custody it is at the request of one party or the other – mother or father. Without a court order, it is automatically statutorily placed in the mother until there is a hearing. There are various types of custody in Oklahoma – They are as follows:

  • Joint Physical Custody – Generally the terms of the divorce will outline where the child lives and how much time each parent has with the child. This is referred to as Joint Physical Custody – The mother has custody of the child for X number of days and the father has custody of the child for X number of days each week. Many children spend alternating weeks with each parent.
  • Sole Physical Custody – One parent has full custody of the child and that is where the child lives seven days per week. The other parent may have visitation rights which may be supervised or not. The parent with sole custody has more rights in determining how the child is raised. 
  • Joint Legal Custody – Both parents share in the legal responsibility of raising a child even though their marriage is dissolved. Both parents make decisions about health care, treatment for injuries, types of religion, and even education.  Joint legal custody can exist even where one parent has primary physical custody.
  • Sole Legal Custody of the Child – One parent makes all the decisions regarding child’s legal matters. This can include health care and treatment, religious upbringing, and even which school they will attend.
  • Temporary Custody – During the divorce the parents may agree to temporary custody arrangements among themselves, or the Court may make a temporary custody order.

The Court and Child Custody

The court looks at what is best for the child and may make custody orders that are different from what the parents want or what one parent wants. Oklahoma wants children to be cared for in such a way as to foster a positive upbringing. It also wants the parents to support the raising of the child both physically and financially.

Reach Out to Owens Law Office For More Child Custody Information

During a separation or divorce, parents should seek the help of a family law lawyer so that they understand their rights under Oklahoma law. Owens Law Office provides family law assistance throughout the state of Oklahoma. Learn more about custody and parental rights by reaching out to our team.

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