How Will the Court Decide Who Gets Custody of My Son?

Apr 17, 2016 | Child Custody, Family Law

In Oklahoma, the court system is supposed to grant child custody based on the best interests of the child, regarding physical, mental, moral welfare, and the ability of the parent to financially provide for the child. In order to determine who will be granted custody of the child, the court will assess multiple factors about each of the parents and the sometimes even the wishes of the child.

Some of These Factors Include:

  • The parents’ proposals for child custody;
  • The type of relationship or bond the child has with each of the parents;
  • Relationships between the grandparents, siblings, and other vital people currently in the child’s life;
  • Where the child attends school, church, and other activities in the community;
  • The physical and mental health of each of the parents;
  • Any past, present or potential abuse;
  • Willingness of the parents to allow relationships with the child and each other;
  • Each parent’s ability to provide financially for the child;
  • Where siblings are living, as courts tend to keep kids from the same family together to provide stability and encourage bonded relationships; and
  • Each parent’s ability to spend time with the child.

Can My Son Choose Who He Wants to Live With?

If the court determines that it is in the child’s best interest to choose where he wants to live, the child’s wishes will probably be taken into consideration. Often, this decision is left to the judge’s discretion and will depend on the age of the child in question. If a child has been living with one parent and wants to move in with the non-custodial parent, the judge will most likely ask the child why he wants to move and weigh the decision based on the answers the child provides.
When two parents cannot agree, child custody is often an emotional process which puts wear and tear on a child, as well as the rest of the people involved in the situation. It is best not to draw out the custody disagreement for very long, due to the stress and emotional wear that is involved. If you are in the middle of a custody battle, you need someone who is experienced in helping to prove to the court that you are the best choice as the custodial parent.

Contact A Legal Representative

Contact our Oklahoma child custody law firm and we will fight for the custody of your child, as well as reduce the amount of stress you and your child are exposed to during the process. Call the Robles Law Firm today at 405-232-7980.