If you’re involved in a child custody case in Oklahoma, you’ll likely hear the term “physical custody.” Understanding what physical custody means—and how it differs from legal custody—is key to protecting your parental rights and making informed decisions about your child’s future.
Physical Custody Defined
Physical custody refers to where the child lives and which parent is responsible for the child’s day-to-day care. It involves providing a home, meals, transportation, supervision, and overall care.
In Oklahoma, physical custody can be:
- Sole physical custody, where the child primarily lives with one parent and may visit the other.
- Joint physical custody, where the child spends substantial time living with both parents according to a court-approved schedule.
Physical Custody vs. Legal Custody
While physical custody involves the child’s living arrangements, legal custody refers to decision-making authority regarding major aspects of the child’s life—like education, medical care, and religion. These two types of custody can be awarded separately or jointly, depending on what the court determines is in the best interests of the child.
How Is Physical Custody Determined in Oklahoma?
Oklahoma courts prioritize the child’s well-being and stability when determining custody arrangements. The judge will evaluate several factors under the “best interests of the child” standard, including:
- Each parent’s relationship with the child
- The child’s emotional, physical, and educational needs
- Stability and safety of each parent’s home environment
- The willingness of each parent to foster a relationship with the other parent
- Any history of abuse, neglect, or substance abuse
If both parents are cooperative and live near each other, the court may award joint physical custody. If not, one parent may receive sole physical custody with the other parent granted visitation rights.
Does Physical Custody Affect Child Support?
The type of physical custody arrangement can impact child support obligations. In cases of sole physical custody, the noncustodial parent typically pays support to the custodial parent. In joint physical custody cases, support may still be awarded, but the amount can vary based on each parent’s income and the time the child spends in each home.
Can Physical Custody Be Modified?
Custody arrangements can be modified if there has been a material change in circumstances that affects the child’s best interests. Common reasons for modification include:
- A parent moving out of state
- Changes in the child’s needs
- Safety concerns
- One parent consistently failing to follow the custody order
To modify custody, either parent can file a petition with the court.
Speak With an Oklahoma Child Custody Attorney
If you’re dealing with a custody dispute or need to modify an existing order, it’s essential to understand your rights and options. 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.
