If you and your spouse have decided to part ways and file for a divorce, chances are you have some questions, especially if children are involved. Regardless of how amicable your divorce is, navigating the child custody waters can be tricky business. Whether one parent is thinking about moving out of state or a new significant other is already in the picture, you will likely have some questions and concerns that need to be addressed when it comes to child custody. In many cases, parents are able to settle any custody disputes out of court. However, this is oftentimes not the case and most people require the assistance of a knowledgeable divorce attorney when it comes time to figure how the specifics of the custody agreement will work. It is important to keep in mind that all child custody decisions – when brought to a judge – are made with the child’s best interest in mind. There are numerous factors that come into play when it comes to defining what, exactly, will be in the child’s best interest, some of which we will go over below. Divorce attorneys at Atkins & Markoff are well-versed in these types of cases, having helped numerous clients throughout Oklahoma come out on top of child custody battles. If you are going through a divorce and have concerns about the custody of your child or children, contact our law firm today.
Below you will find information about the top child custody questions parents often ask in a custody dispute. As always, if you have any questions about the information below or would like to set up a consultation with a divorce attorney from Atkins & Markoff, do not hesitate to give us a call.
What Factors are Taken Into Consideration When Determining Child Custody?
As mentioned earlier, all child custody decisions made by the court system are done according to the ‘child’s best interest’ standard. There are a handful of factors taken into consideration when making all child custody decisions, including the following:
- Considerations of the child’s age, sex, and mental/social/emotional development
- How emotionally attached the child is to each parent
- How able the child is to a adjust to family arrangements and new school environments
- What, if any, preferences the child has (only applies to children who are of legal age and deemed capable of rendering sound legal decisions)
- How involved each individual parent has been in the child’s upbringing
- The physical/emotional/social/financial stability of each parent
- How willing each parent is to act cooperatively with the other parent
- Whether there is any history of child abuse or domestic violence
What is a Parenting Plan?
A parenting plan is designed to address any and all issues which are relevant to any given child custody case. Within the plan all provisions for the allocation of parental responsibilities must be outlined, which includes decision-making and parenting time. We encourage parents to write the parenting agreement together in order to foster a more positive environment for any children involved.
What is Shared Custody?
Shared custody is a term that refers to a custody arrangement where both parents take some responsibility for the upbringing of the children. There are two different types of shared custody: joint custody and split custody. To learn which is the best fit for your particular situation, contact a child custody attorney from Atkins & Markoff.
Can I Bring My Child with Me If I Move Out of State?
In order for a custodial parent to move their child out of state, they must obtain the court’s approval. Child custody agreements are in place in order to ensure the safety of each child, and custody laws can vary from state to state. In many cases, moving to a different jurisdiction can create problems, especially for the other parent who has visitation rights.
These are just a couple of the most frequently asked questions regarding child custody rights in Oklahoma. If you have specific questions about your divorce proceedings or child custody, contact an attorney from Atkins & Markoff right away.