Can my husband and I share our responsibilities in rearing our kid after divorce?

Full question:

I live in Oklahoma and am likely to get divorced from my husband in near future. We both are fond of our child, who is a minor and like to share our responsibilities in rearing our kid. Is there any provision in Oklahoma law that provides the same?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Oklahoma

Answer:

In Oklahoma, there is a policy of shared parenting to encourage the parents to share in the rights and responsibilities of rearing their children. There are three requirements that must be met before the court can order shared parenting. The first requirement is that shared parenting must be requested by either parent. The second requirement is that the parties must agree to cooperate. Lastly, the court must find that domestic violence, stalking or harassing behaviors are not present in the parental relationship. Thus, you may request the court to provide shared parenting and the court may after considering the above requirements provide substantially equal access to the minor children at a temporary order hearing, unless the shared parenting is detrimental to the child. The provisions regarding the shred parenting is provided in 43 Okl. St. § 110.1. It read as follows:
“It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage, provided that the parents agree to cooperate and that domestic violence, stalking, or harassing behaviors as defined in Section 109 of this title are not present in the parental relationship. To effectuate this policy, if requested by a parent, the court may provide substantially equal access to the minor children to both parents at a temporary order hearing, unless the court finds that shared parenting would be detrimental to the child.”


 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A mother may lose a custody battle in Oklahoma if she fails to demonstrate that she can provide a stable and nurturing environment for the child. Factors such as evidence of neglect, substance abuse, or inability to cooperate with the other parent can negatively impact her case. The court prioritizes the child's best interests, which may lead to a decision favoring the father if he can better meet those needs.