Who Will Get Custody?

Because of the intense emotions behind it, child custody is often the most contentious part of a divorce. While spouses can write their own custody plan, many couples have trouble agreeing on these matters.

So, how does a judge determine who should have custody? There is no hard-and-fast rule but the child's interests are always the determining factor. This means the judge will consider:

  • Your ability to care for the child
  • How much each of you has supported the child
  • Your relationship to the child
  • Your living conditions
  • Your health
  • Your location relative to school and activities
  • Your cooperation during the divorce process
  • The wishes of the child (if old enough)

You cannot predict the judge's exact decision but it is possible to estimate the outcome and fight for custody rights. The attorneys of Henry + Dow are skilled at securing custody rights in court.

Joint Custody Vs. Sole Custody

In Oklahoma, there are two types of custody that could be awarded:

Sole custody refers to an arrangement in which the children live with one parent. Oftentimes, the other parent is given visitation rights, meaning they have specific days that they spend with the children but the children do not live with them.

Joint custody refers to an arrangement in which children stay with one parent for a set amount of time and then go to stay with the other parent for that amount of time. Some judges may be hesitant to award joint custody as it can undermine the stability children need after a divorce, but it will entirely depend on your circumstances.

Discuss Your Custody Rights With A Lawyer

To get answers to your questions about custody, set up a consultation with us by calling 918-933-4333 or 405-605-0681 or contacting us online.

We maintain locations in Tulsa, Norman and Oklahoma City, though we take cases throughout the state.