I have only visitation rights in my 5-year-old son. How can I get an equal share in the rights and responsibilities towards my son?

Full question:

I reside in Oklahoma. My 5-year-old son’s custody is with his mother and I have only visitation rights. I would like to have an equal share in the rights and responsibilities towards my son. What is the remedy available for me in this regard?

  • Category: Divorce
  • Subcategory: Visitation
  • Date:
  • State: Oklahoma

Answer:

In Oklahoma, 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. The best interests of the child will be a paramount consideration when determining custody and visitation. The provisions regarding this have been provided in 43 Okl. St. § 110.1, which reads 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

In Oklahoma, courts prioritize the child's best interests when determining custody arrangements. Factors include the child's age, emotional ties with each parent, the parents' ability to provide a stable environment, and any history of domestic violence. The court aims to encourage frequent contact with both parents, provided there are no safety concerns. (43 Okl. St. § 110.1). *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.*