Shared parenting is a custody arrangement that has gained significant traction worldwide, and Oklahoma is no exception. In fact, Oklahoma made a groundbreaking move in 2018 by passing a law that automatically establishes shared parenting as the default custody arrangement, unless evidence proves it to be contrary to the child’s best interest.
Understanding the Legal Framework
Before diving into the intricacies of shared parenting in Oklahoma, it is crucial to grasp the legal framework that governs child custody in the state. To begin with, there are two distinct types of custody: legal custody and physical custody.
Legal custody refers to a parent’s authority to make important decisions regarding their child’s life, such as matters related to education, healthcare, religion, and extracurricular activities. It is important to note that joint legal custody is presumed to be in the child’s best interest unless a parent can present compelling evidence to the contrary.
On the other hand, physical custody encompasses the actual time a child spends with each parent. In Oklahoma, physical custody can be categorized into two types: sole custody and shared custody.
Unveiling Shared Custody
Shared custody involves both parents sharing significant parenting time and responsibilities. It offers a remarkable opportunity for both parents to actively participate in their child’s upbringing and play an equal role in their lives.
In Oklahoma, the courts lean towards favoring shared custody, considering it as the preferred arrangement as long as it is deemed to be in the child’s best interest. It also means that both parents will have equal decision-making authority. If, however, a parent can provide substantive evidence to demonstrate that shared custody is not in the child’s best interest, the court may award sole custody instead.
Factors Influencing Shared Parenting Arrangements
Shared parenting arrangements can take various forms depending on the unique circumstances of each family. The court, when determining the most suitable shared parenting arrangement for a child, will consider several factors that play a pivotal role in the decision-making process. These factors include:
- The child’s age and specific developmental needs, which are crucial considerations when determining the feasibility of shared parenting.
- The physical and mental health of each parent is taken into account to ensure the child’s safety and well-being.
- The ability of each parent to provide essential needs like food, shelter, clothing, and healthcare is assessed.
- The quality of the child’s relationship with each parent is examined to gauge the level of involvement and bonding.
- The proximity of each parent’s home to important services like the child’s school, home, and other essential facilities.
- The willingness of each parent to actively encourage and facilitate a healthy relationship with the other parent.
Once these essential factors have been meticulously evaluated, the court will create a comprehensive parenting plan that outlines precise details regarding visitation schedules, school schedules, holiday arrangements, and extracurricular activities.
Practical Considerations and Challenges
Shared parenting arrangements demand a high level of cooperation and effective communication between co-parents. The logistics of shared parenting can present various challenges, especially when parents live far apart or have conflicting work schedules. However, by engaging in proper planning and maintaining open lines of communication, many parents have successfully navigated the complexities of shared parenting arrangements.
The key to a successful shared parenting arrangement lies in both parents prioritizing the child’s best interests above all else. This means avoiding using the child as a pawn in disagreements and collaborating to make important decisions concerning the child’s life.
Final Thoughts: Embracing Shared Parenting
In conclusion, the popularity of shared parenting is on the rise, and Oklahoma is actively embracing this positive trend. Although shared parenting may present challenges, numerous studies have documented its many benefits for children, including improved mental health and enhanced academic achievement. If you are considering shared parenting, it is crucial to consult with a seasoned family attorney who can guide you through the process and ensure that your child’s interests are protected at all times.