Oklahoma Child Custody Law 101

In this article, you can discover:

• How the Best Interest Test is used in family law courts to determine custody.
• The two types of custody recognized by Oklahoma family law courts.
• What factors may allow you to modify a child support calculation.

How Is Custody Determined In Oklahoma When A Couple Is Divorcing?

Things are changing in Oklahoma when it comes to settling custody matters. People used to think that Oklahoma was a state that gave mothers priority in custody cases. But, today, the majority of counties in the state of Oklahoma and its tribal nations will approach custody matters by starting in the middle.

Courts today often assume that both parents contribute equally to the child’s life and best interest. This is why they utilize a method that’s called the Best Interest Test. This test can be very subjective because the results will be heavily dependent on the outlook and experience of the presiding judge.

But, in this way, the courts find it best to start in the middle with a 50/50 custody arrangement and make adjustments when it is found that a parent is acting in an abusive or neglectful way – or that they’re attempting to restrict the child from the other parent. Why is this? Because one of the things that the courts look at in the Best Interest Test is whether both parents will work toward providing the best and most positive relationship with the other parent.

In the state of Oklahoma, there are two types of custody.

Legal Custody refers to the parent’s right to determine what school the child goes to, what religion they will practice, what summer camps they participate in, the medical treatment that they receive, and things of that nature. In situations of sole legal custody, one parent will retain the right to make the final decision to these important decisions for the child. In situations of joint legal custody, both parents will come together to make agreements on these decisions.

Parenting Time (formally referred to as Physical Custody), refers to the setting of boundaries for a parent to spend time with the child. This time includes going about their day-to-day, participating in activities, attending after-school programs, and more. Parents should keep in mind that it’s essential to prioritize the child’s wellbeing when creating these parenting time arrangements.

If the child is 12 years old or older, the court may find that they are mature enough to express which parent they want to spend the majority of their time with. While the child’s wishes are certainly taken into consideration, it will ultimately be up to a judge to decide whether or not that child’s wishes are granted.

When Will Child Support Be Awarded In The Divorce Process? How Is The Child Support Amount Determined?

Child support is one of the easiest matters to deal with in Oklahoma family law matters. This is because support is determined by the state’s child support department’s calculation based on a number of factors and the result is non-negotiable.

A computation for child support is always provided at the phase where temporary orders are processed. Once both parties provide their income information, an temporary order is put into place.

The Oklahoma Child Support Agency’s algorithm for support includes the following factors:

• The father’s income,
• The mother’s income,
• The number of children involved in the support query,
• The number of overnights each parent has with the children,
• Any medical premiums that are paid by mom or dad,
• Whether any of the children involved are in the Sonner Care program,
• And more…

Once these factors are entered into the calculator, you execute the program and child support is determined then and there.

In some cases, (especially at the temporary order level), there is allowed some deviation from the number that’s produced by this computation.

Some of the factors that may allow for a deviation from the computation may include:

• In a marriage, If one parent will service the majority of debts during the temporary order, you can enter the monthly amount of joint debt from the marriage for a credit.
• Paternity actions, wherein parents with children from other relationships can claim the amount that they pay in support or living expenses for those children.

Something to keep in mind: If you are seeking credit for child support that you pay to a parent from another relationship, there are restrictions. You must be current in those support payments for the past 12 months, meaning that you need to have proof of reliable support payments over an entire year. Without this, your credit request most likely will be denied.

If you have questions about your child support order, or if you need help throughout the process, getting in touch with a child support attorney or family lawyer can provide you with the insight and guidance you need.

For more information on Determining Child Custody In Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 890-0881 today.