Understanding Sole Custody Requirements in Oklahoma Family Law
Do you know what it takes to get sole custody in Oklahoma? My name is Aaron Grubb. I’m the Tahlequah family law attorney at Wirth Law Office, and in this video, we’re just going to talk about how to get sole custody.
Common Misconceptions About Custody
A common misconception that I’ve recently come up against is that custody determination is based on a balancing act. Some clients think, “Well, I’m the better parent, I have more financial resources, and the child has a better time with me, so therefore I should be granted sole custody.” But that’s really not the case.
Sole custody is typically only granted when the safety of the child is a concern or when the other parent is truly unable to care for the child. In those circumstances, you would need to prove that the child, when with the other parent, is subject to domestic violence—or even just one instance of domestic violence—such as physical abuse or emotional abuse, including yelling or excessive punishments.
Proving Sole Custody Criteria
Proving those kinds of events could show the judge that the child is in danger and should be placed in the sole custody of the safer parent. As long as that can be demonstrated, sole custody can be awarded.
It’s not a balancing act, as I mentioned earlier. Instead, there’s a threshold that must be met, where the other parent has dropped below an acceptable standard—essentially entering into the territory of abuse or neglect.
Get Expert Legal Advice
If you have any questions regarding your own custody case or any kind of criminal case, please contact us here at Wirth Law Office, where we make law easy.
Call Tahlequah child custody attorney Aaron Grubb today for a free consultation at (918) 458-2677.