Which Parent Will Get the Custody of their Child?

Judges gavel with a model of parents with their child

Many factors can complicate the answer to this important question of child custody, but some general guidelines and considerations come into play when the custody of children comes up. One of the biggest questions in a child custody case is 'who will receive custody and visitation rights?' To learn how a family court arrives at a child custody decision, choose custody lawyers in OKC. In this section, a family court examines common factors for determining custody and how the best interests of a child are determined.

Custody Options

An arrangement of child custody in the United States is known as a parenting plan. Depending upon children's needs and parents' abilities, Custody shall be awarded in one of several ways. In the majority of cases, the court decides to award shared custody to both parents, meaning that they share parental duties in either way. The court may, however, sometimes decide to issue primary custody to one parent. When primary custody is granted to one parent, the other parent is granted access rights, unless the Court provides a reason to prohibit contact in extreme circumstances. You can consult the custody lawyers in OKC for a detail.

Primary Caretaker of a Child

The determination of who the primary caretaker is a key factor in deciding who receives child custody after a divorce. The parent is not only responsible for the majority of childcare tasks, such as dropping to school or cooking but also has the closest emotional relationship. If the two parents can decide on their own for each other, the Courts do not have to intervene.

However, several factors will be considered in courts to decide who is the primary guardian when a dispute arises. In particular, the court will want to know which parent performs the following parenting tasks:

  • Bathing and grooming

  • Teaching necessary skills including reading, and helping in homework

  • Cooking meals

  • Deciding Health care options

  • Helping to participate in recreational activities

Court Room

Considerable Factors for the Courts

Each custody issue brought before the court shall be dealt with by a judge or family law who shall seek to find a parenting plan in the best interests of the child. The factors the judge will consider to determine the best interest of the child, are:

  • The child’s relationship with each parent and siblings or other members of the family

  • Each parent’s physical, mental and emotional health

  • Which parent has acted more responsible in the past

  • Involvement of the child in the community

Non-divorce Cases

Not always are cases of child custody associated with divorce. There may also be custody disputes between unmarried or close parents. There may also be cases of non-divorce involving grandparents' right to visit. The custody lawyers in OKC can give you a better idea.

In general, the majority of States require that mothers receive full custody automatically if they are unmarried–except when the father tries to receive custody. However, in non-divorce cases, child custody is decided in the same way as in divorce cases. Most States have very specific procedures to give a grandparent or other parent the custody of a child. In general, a non-parental custody petition should be filed, and a copy of the request should be made to parents of the child.

Call us at Mazaheri Law Firm for custody lawyers in OKC and get a consultation.

** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.