Child Custody and Best Interest is what the Courts use to decide which parent gets custody. This means that in a divorce or paternity case the Judge looks at several factors to decide custody. The best interest of the child is not a one size fits all analysis. Rather, the court looks at all the facts surrounding the children and child custody. Some factors to consider in deciding whats in the best interest of the child are set out below.
Current Custody Arrangement
This is a factor that tries to keep the custody and visitation as it has been. For this factor the family courts is simply trying to maintain the status quo. Another words if one parent has been absent from the child life and suddenly shows up asking for full custody that not maintaining the status quo.
Age of The Child
If a child is of such tender years as its not practical to take the child away from the current arrangements the Courts in Tulsa are inclined to keep things as they are. There isn’t a set in stone age where the Courts says preference must listened to. Sometimes the Judges in your case will interview your child in chambers. In the course of the interview the Judge determine the maturity of your child and their uninfluenced preference if any.
Oklahoma Child Preference
Child custody and best interest of the child in Oklahoma will consider the age of the child. Courts believe that its in the best interest of the child to place them where they prefer to be. For the Courts to consider child preference the court will look to the child’s age and maturity. If the child is mature enough to make a decision thats not influenced by a parent the court may consider their preference.
One Parents Desire to Share Parenting.
If one of the parents berates the other parent to the child the Oklahoma family courts don’t like it. Child Custody and Best Interest looks to which parent enables the child’s relationship with the other parent. Its never in the best interest of the child to give custody to the parent that interferes with the other parents parental relationship.
While there are exceptions, such as where there are parental fitness issues because of substance abuse, physical abuse or similar factors, a parents non-cooperation with the other parent in facilitating contact or visitation may be a factor that results in a change in custody. When either parent’s behavior in obstructing the other parent’s visitation results in alienation of the parent-child relationship, this type of activity is even more likely to provide a legal basis for a change in custody.
Check out our Tulsa Family Lawyers Group Blog
Domestic Abuse and Violence.
If one parent has been convicted of domestic assault and battery or child neglect there is a legal presumption in Oklahoma against sole or shared child custody. Additionally protective orders granted against one parent will create the presumption against primary custody with that parent.
Tulsa Family Lawyers Group
If you’re facing an initial custody and visitation problem or need to modify an existing order we can help. Child custody is the most important thing a parent does for their child. Don’t go it alone or get bullied in to an order that isn’t in the best interest of your children. Our child custody attorneys have years of experience getting parents what they deserve. Call for a free and confidential consultation.