If you’re considering or facing a custody dispute in Oklahoma, understanding what sole custody means, how it differs from joint custody, and when it’s appropriate can help you make informed decisions that protect your child’s well-being. While Oklahoma courts often encourage both parents to stay actively involved in their child’s life, there are situations where sole custody may be the best option.
Legal vs. Physical Custody in Oklahoma
Before explaining sole custody, it’s helpful to understand that Oklahoma recognizes two separate types of custody:
- Legal Custody: The right to make major decisions about the child’s upbringing, including education, healthcare, and religion.
- Physical Custody: Where the child lives and who provides day-to-day care.
A parent may be get sole legal custody, sole physical custody, or both.
What Is Sole Custody?
Sole custody means one parent has exclusive legal and/or physical custody of the child. The other parent may have limited visitation rights or, in some cases, no visitation at all—particularly if the court finds that visitation would be harmful to the child.
When Do Courts Award Sole Custody in Oklahoma?
Oklahoma courts prefer arrangements that allow both parents to remain involved in the child’s life—usually through joint custody. However, a judge may grant sole custody if:
- One parent has a history of domestic violence, substance abuse, or child neglect
- The parents have an extremely high-conflict relationship that makes co-parenting unworkable
- One parent is absent, unfit, or unwilling to participate in the child’s life
- This arrangement is clearly in the child’s best interests
The court’s top priority is always the health, safety, and stability of the child, not the desires of the parents.
Does This Terminate the Other Parent’s Rights?
Even if a parent is not awarded custody, they still retain parental rights unless those rights are formally terminated through a separate legal process. In most cases, the noncustodial parent may still be entitled to:
- Visitation or parenting time
- Access to school or medical records
- Obligation to pay child support
The specifics of these rights will depend on the details of the custody and visitation order.
Can Custody Be Modified?
A parent can ask the court to modify a custody order if there has been a substantial change in circumstances that affects the child’s best interests. For example, if the noncustodial parent overcomes previous issues (such as substance abuse) and becomes a stable presence, the court may consider modifying the order to joint custody or increasing visitation.
Oklahoma City Custody Attorneys
We help parents pursue custody arrangements that support the safety, stability, and development of their children. Whether you’re seeking sole 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.
