Divorce Guide

Oklahoma Divorce Custody

• Following custody options are generally followed in the state of Oklahoma: Joint custody, sole custody, bird nesting and split custody. In the case of joint custody, both the parents are awarded the shared responsibility of the child, if it is found to be in the best interests of the child. Both the parents can decide on matters relating to education, medical matters, religion and any other related maters of the child. For all practical purposes, one parent is generally awarded the physical custody of the child and the other parent is awarded visitation rights. The visitation schedule of the non-custodial is to be formulated by the divorced partners and legally approved by the courts.
  
  
• By joint custody it does not mean splitting the time of the child into two, but refers to wise time sharing of the child. Generally the non-custodial parent has access to the child during alternate weekends, summer vacations and to plan out trips during holidays. If the parents fail to formulate a sound parenting plan, then they may be asked to participate in child custody mediation. OK custody mediation laws specify involvement of a third party in child custody so that a wise parenting plan and visitation schedule is formulated keeping the best interests of the child in mind. The court then provides legal approval to the plan, which soon becomes mandatory to comply.
  
  
• If the courts find that there is any police record concerning child abuse or child neglect or physical violence perpetrated against the child or where the child is a witness to such a crime in the family, then the offending parent is not given shared responsibility of the child. In such cases, visitations may become supervised and if it is still found to be dangerous for the welfare and safety of the child, then visitation rights may also be forfeited. However, such a parent is asked to provide child support in all circumstances. The other parent gets the sole custody of the child and is legally authorized to take decisions regarding education, religion and medical matters of the child.
  
  
• OK divorce custody guidelines specify that if the number of children is more then, it is best to avoid splitting the siblings between the parents. However, in all practical cases, split custody is awarded such that father gets the son and mother gets the daughter. Visitation rights of the non-custodial parent are similar as in normal joint custody cases.
  
  
• Bird nesting philosophy refers to a type of joint custody where the physical premises of the child is not disturbed and the parents split up their time and live with the child in rotation basis. However, bird nesting type of custody involves cooperation between the divorced parents where child care is the top most priority and they o not wish to disturb the child from his/her community at all costs. Such custody is not very popular, though the objective is extremely wholesome.
  
  
• According to OK divorce custody guidelines 2002, a child of 12 years and above is allowed to express his/her parental preference. Judges ensure that the child is mature and wise enough to give his/her opinion and is not under any pressure or influence.
  
  
• Request for modification of custody order can be filed in Oklahoma courts only if it can be shown that there is considerable change in the circumstances when the earlier custody order was awarded.
  
  
• OK child support guidelines specify “income sharing" model to arrive at a child support figure and both the incomes of the parents are summed up together to calculate the child support figure. A parent who does not pay child support can not be stopped from visiting the child. The custodial parent must file a case against the ex-spouse regarding this matter.

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