If you’re going through a divorce or child custody case in Oklahoma, you’ll likely hear the term joint custody. But what does it really mean—and how does it work in practice? This refers to a legal arrangement where both parents share rights and responsibilities for raising their child. Here’s what you need to know about how joint custody works in Oklahoma and whether it may be the right option for your family.
Legal vs. Physical Custody
To understand joint custody, it’s important to distinguish between the two types of custody in Oklahoma:
- Legal Custody: The right to make important decisions about the child’s life, such as schooling, health care, religion, and extracurricular activities.
- Physical Custody: Where and with whom the child lives on a day-to-day basis.
Joint custody can apply to either or both types. In many cases, parents may share joint legal custody but not have equal physical custody time.
What Does Joint Custody Look Like?
In this arrangement:
- Both parents must cooperate on major decisions about the child’s welfare.
- A joint custody plan is typically required. This written plan outlines how the parents will share time and responsibilities.
- Physical custody can be split in a variety of ways, depending on what’s best for the child. A 50/50 schedule is common, but not required.
The key feature is shared decision-making—not necessarily equal parenting time.
Factors the Court Considers
Oklahoma courts prefer arrangements that serve the best interests of the child. When considering custody arrangements, judges look at factors such as:
- The ability of parents to cooperate and communicate
- Each parent’s willingness to encourage a relationship with the other parent
- The child’s relationship with each parent
- The stability of each parent’s home
- The child’s needs and preferences (especially for older children)
If the court believes the arrangement is in the child’s best interest and the parents can work together, it may approve the arrangement.
What Are The Benefits?
Joint custody can benefit children in several ways:
- It allows children to maintain strong relationships with both parents.
- It reduces the sense of loss that can come from a divorce or separation.
- It encourages parents to work as a team, which can lead to more stable and consistent parenting.
However, this arrangement only works well when parents are committed to cooperating and communicating effectively.
When Joint Custody May Not Be Appropriate
Joint custody is not suitable for every situation. It may not work well when:
- There is a history of domestic violence or abuse
- One parent is unwilling to communicate or co-parent
- One parent has moved far away
- There are serious concerns about a parent’s ability to provide a stable environment
In these cases, the court may award sole custody to one parent, while allowing the other parent visitation.
Modifying a Custody Order
If circumstances change, either parent can ask the court to modify the custody order. The court will require proof that the change is in the child’s best interests. Common reasons to request a modification include relocation, changes in the child’s needs, or a breakdown in co-parenting.
Talk to an Oklahoma Child Custody Lawyer
Joint custody arrangements can be complicated, but with the right legal guidance, you can create a parenting plan that works for you and your child. We help parents across Oklahoma understand their rights and build strong custody arrangements that put children first. Whether you’re seeking joint custody, facing a contested custody case, or looking to modify an existing order, our child custody team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
