Legal custody is one of the two main custody arrangements awarded by Oklahoma courts. If you’re involved in a custody case in Oklahoma—whether through divorce, paternity, or guardianship—it’s essential to understand what legal custody means, how it’s awarded, and what responsibilities come with it.
What Does Legal Custody Include?
Legal custody refers to a parent’s authority to make key decisions about the child’s upbringing, such as:
- Education – Where the child goes to school or whether special education services are necessary.
- Healthcare – Decisions about doctors, surgeries, mental health treatment, and ongoing medical care.
- Religion – Participation in religious instruction or spiritual upbringing.
- Legal Matters – Signing documents and representing the child in legal issues.
- Extracurricular Activities – Whether the child plays sports, attends camps, or participates in clubs.
This means you are involved in shaping the child’s long-term development and well-being.
Joint vs. Sole Custody in Oklahoma
Oklahoma courts can award either joint or sole legal custody, depending on what is in the best interests of the child.
Joint Legal Custody
In joint arrangements, both parents share the responsibility of making major decisions. This requires cooperation and communication between parents. Courts often prefer this when both parents are active in the child’s life and can work together.
Sole Legal Custody
Sole arrangements give one parent the exclusive right to make major decisions without input from the other. Courts typically grant this arrangement when:
- The parents have a high level of conflict,
- One parent is absent or uninvolved,
- There are concerns about a parent’s judgment or stability (such as substance abuse or abuse allegations).
Even when one parent has sole legal custody, the other parent may still have visitation rights or physical custody time unless the court finds otherwise.
How Does the Court Decide?
Courts in Oklahoma base custody decisions on the best interests of the child. Factors the court may consider include:
- Each parent’s ability to communicate and cooperate
- The child’s relationship with each parent
- The parents’ ability to provide for the child’s needs
- The child’s emotional and physical safety
- Any history of domestic violence or substance abuse
The court may also consider the child’s preferences if the child is old enough and mature enough to express a meaningful opinion.
Modifying Legal Custody
It’s possible to change custody orders, but only if there has been a material and substantial change in circumstances that affects the child’s best interests. For example, if one parent moves out of state, becomes incarcerated, or becomes unfit, the other parent may petition the court to modify custody.
OKC Child Custody Attorneys
Legal custody plays a major role in your child’s future. Whether you’re seeking joint custody, trying to obtain sole custody, or dealing with a custody dispute, our child custody team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
