How can I gain equal custody rights in Oklahoma?

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: 04/07/2025
State: Oklahoma

Answer:

In Oklahoma, if a parent requests it, the court can grant equal access to children during a temporary order hearing. This is unless the court finds that shared parenting would harm the child. The child's best interests are the primary concern in custody and visitation decisions.

According to Oklahoma law (43 Okl. St. § 110.1), the state encourages frequent contact between minor children and both parents, provided the parents can cooperate and there are no issues of domestic violence or harassment. If you seek equal rights and responsibilities, you can petition the court for shared parenting, and the court will consider your request based on the child's welfare.

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

What factors do courts consider for custody in Oklahoma?

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.*

Can I modify an existing custody order in Oklahoma?

Yes, you can request a modification of an existing custody order in Oklahoma. You must demonstrate a significant change in circumstances that affects the child's welfare. The court will review your request to ensure that any changes serve the child's best interests. It's advisable to present clear evidence supporting your case. *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.*

What is shared parenting in Oklahoma?

Shared parenting in Oklahoma refers to a custody arrangement where both parents have equal rights and responsibilities for their child. This arrangement is encouraged by the state, as long as both parents can cooperate effectively and there are no issues of domestic violence. The court will assess whether shared parenting is in the child's best interests before granting such an arrangement. (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.*

What should I do if my ex-partner is not following the custody agreement?

If your ex-partner is not adhering to the custody agreement in Oklahoma, you can file a motion with the court to enforce the order. Document any violations and gather evidence to support your claims. The court may hold a hearing to address the issue and can impose penalties or modify the custody arrangement if necessary. It's important to act promptly to protect your rights. *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.*