Child Custody Attorney In Tulsa
Child Custody Lawyers,
In many Oklahoma family law cases child custody and child support is the most disputed area. In Oklahoma the best interest of the child is the determining factor used to decide custody issues.
Physical Custody: Currently Oklahoma Family Law statutes presume shared physical custody of the minor children with equal access to the child or children by both parents. This presumption is rebut-table and this rebuttal shifts the burden of proof that shared custody is not in the best interest of the child to the moving parent. In this case the moving party’s attorney will have to argue that based on the totality of the facts in the case that sole custody by the moving party is in the best interest of the children.
Legal Custody: Like physical custody Oklahoma Statutes presume joint legal custody. Joint legal custody does not involve the amount of time the children will spend with either parent. Rather legal custody deals with decision making involving medical decision making or religious preferences as they pertain to the children. Legal custody requires equal decision making for the children regarding the overall upbringing of the children and major decisions beyond the day to day activity of the children.
Child support: The amount of child support owed by the noncustodial parent is based of several factors and is decided based on Oklahoma Child Support Calculator. The first consideration is the amount of time each parent spends with the children. In either event the Child support calculator looks to the income of both parents and sets out an amount to be paid by each parent towards the upbringing of the children. In the cases in which one or both of the parents does not work the Court will impute the parents to minimum wage. In the event the child needs day care the percentage used for the parents share of raising the child will be the same at that percentage used for day care and other expenses involved the raising the children.
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