Fry & Elder attorneys Zach Mortazavi and Preston Bennett are all too familiar with the challenges and complexities that a contested Oklahoma child custody issue brings about for clients and more specifically the children that are at the center of the situation.
“Child custody issues can become emotionally charged very quickly due to who is involved and what is at stake,” Zach Mortazavi said. “As attorneys, we always want our clients to have cooler heads and keep the big picture at the forefront – and that is what is in the best interest of the child.”
Because Oklahoma courts adhere to “what is in the best interest of the child” when making decisions regarding child custody, child support, modifications, and termination of parental rights, Mortazavi and Bennett say that understanding the legal framework surrounding child custody is essential for navigating this challenging terrain. From custody arrangements to visitation rights to the best interests of the child, there are several key aspects to consider.
The up-and-coming Oklahoma child custody attorneys delve into the intricacies of child custody in Oklahoma to provide clarity and guidance for parents in this post.
Legal Framework
In Oklahoma, child custody laws prioritize the best interests of the child above all else. The court aims to ensure that custody arrangements promote the child’s welfare, safety, and emotional well-being. When parents are unable to reach a mutual agreement regarding custody, the court intervenes to make decisions based on various factors, including the child’s age, emotional ties with each parent, and their respective abilities to provide a stable environment.
Types of Custody
Oklahoma courts recognize two primary types of custody:
- Legal Custody: This refers to the right to make important decisions on behalf of the child, such as those pertaining to education, healthcare, and religious upbringing. Legal custody can be joint, where both parents share decision-making responsibilities, or sole, where one parent has the authority to make decisions independently.
- Physical Custody: Physical custody relates to where the child will reside and spend their time. Similar to legal custody, physical custody can be joint or sole. In joint physical custody arrangements, the child spends significant time with both parents, whereas in sole physical custody arrangements, the child primarily resides with one parent, with the other parent typically granted visitation rights.
When determining custody arrangements, Oklahoma courts consider various factors to safeguard the child’s best interests. Some of these factors include:
- Each parent’s ability to provide a stable and nurturing environment.
- The child’s emotional bond with each parent.
- The child’s preference, especially if they are of sufficient age and maturity to express their wishes.
- Each parent’s willingness to foster a positive relationship between the child and the other parent.
- Any history of domestic violence or substance abuse.
- The child’s adjustment to their home, school, and community.
Visitation Rights
In cases where one parent is awarded sole physical custody, the non-custodial parent is typically granted visitation rights. Visitation schedules vary depending on the circumstances and the child’s best interests. Oklahoma encourages frequent and meaningful contact between the child and both parents, provided that such contact is in the child’s best interests.
Modifying Custody Orders
Circumstances may change following the issuance of a custody order, necessitating modifications to custody arrangements. Common reasons for seeking custody modifications include changes in parental employment, relocation, or concerns regarding the child’s welfare. To modify a custody order, the requesting parent must demonstrate a substantial change in circumstances and prove that the proposed modification is in the child’s best interests.
Why Experience the Fry & Elder Difference?
Navigating child custody matters in Oklahoma can be challenging, but understanding the legal framework and prioritizing the child’s best interests are paramount.
The name Fry & Elder has embodied Oklahoma family law excellence for nearly 100 years. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. Preparation and the desire to give our clients the best representation possible are the motivating factors that enable us to be better informed and prepared than other attorneys.
Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Oklahoma child custody attorney.
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