Know the Laws: Oklahoma
UPDATED October 31, 2008
WomensLaw.org strongly recommends that you get help from an organization in your area before proceeding with court action. To find an agency, please go to the OK Where to Find Help page.
- General information
- Definitions
- How the custody process works
- Who can get custody or visitation
- After a custody order is in place
General information
back to topWhat is custody?
There are two types of custody in Oklahoma: legal and physical custody.
Legal custody is the right to make major decisions about your child. Some types of decisions included in the right of legal custody are:
- where your child goes to school,
- whether your child gets surgery, and
- what kind of religious training your child receives.
Physical custody is the actual physical possession and control of a child (under 18 years old). In other words, it covers who the child lives with on a day-to-day basis. Physical custody can also be called "shared parenting".
In Oklahoma, the courts often just say "custody" without specifically saying "legal" or "physical" custody. When the court does this, it means both physical and legal custody. The word custody includes both the right to make all the decisions regarding the child and where the child lives. Unless the court specifically says legal or physical custody, it means both.
back to topIs there any difference between custody and visitation?
In Oklahoma, visitation and custody are two different things. Visitation is the right to visit the child, as well as to make everyday decisions (like bedtime and discipline while visiting). There are five typical types of visitation:
- Weekend Visitation: The right to visit the child over a weekend. The visitation period usually begins some time on Friday and ends some time on Sunday or Monday.
- Holiday Visitation: The right to visit your child on a specific holiday.
- Summer Visitation: The right to one or more visits over the summer for extended periods of time.
- Supervised Visitation: The right of one parent to visit a child, but only under the supervision of someone else. The court may appoint someone or the custodial parent may choose a relative or hire someone to supervise the visitation. Supervised visitation is usually only ordered by the court when there has been substantial evidence of abuse, substance-abuse issues, or other factors that cause the court to be concerned for the child's welfare. Supervised visitation can be temporary-later exchanged for regular visitation schedules. However, if the court orders supervised visitation, make sure that each visit is actually supervised. If you want to let a parent have unsupervised visits after the court has ordered only supervised visits, then you can go to court to have the order modified.
- Telephonic Visitation: The right of the parents to talk to the child on the phone while the child is not with them. This is usually left vague or up to the common sense of the parents, but a judge can make specific orders if one parent tries to stop the phone calls or harasses the other parent or child over the phone.
back to topWhat are some benefits of getting a custody order?
There are many reasons some people choose not to get a custody order from a court. Some people decide not to get a custody order because they don't want to get the courts involved. They may have an informal agreement that works well for them or they may think going to court will provoke the other parent into seeking custody or visitation that they do not already have.
However, if you are seeking a divorce from someone with whom you have you have unmarried children under the age of 18, the court will automatically arrange for custody, visitation, and support (including a provision for daycare or medical care) of those children along with your divorce.
If you are unmarried, you do not have to get a custody order, but it may be a good idea. If the parents can agree on a parenting plan, then they do not have to get a court order. If they cannot agree, they may file a Petition for Custody with their local court. All this does is ask that court to decide custody. It is important to note that without an agreement to pay child support, a parent is not required to compensate the other parent for the voluntary support of his child.*
You should know that getting a custody order can give you:
- The right to make decisions about your child
- The right to physical custody of your child (to have your child live with you)
If you decide not to get a custody order, then you and the other parent who is either on the birth certificate or has been otherwise acknowledged as the parent have equal rights to both of these things. The other parent can pick your child up and keep custody from you until there is a custody order that says otherwise. The only way to change this is to file for custody of your child.
It is important to note that you do not need a custody order to file for child support. If you need child support, the Department of Human Services, Child Support Enforcement Division (CSED) can help obtain a child support order. The CSED will have an administrative hearing and determine paternity by order genetic testing of the mother, child and possible father. They will order support to the party that has present physical possession of the child without a custody determination.
* Absent an agreement/order to the contrary, a parent is not legally responsible for financial support to anyone (including other parent) who voluntarily assumes custody and care of their child - 10 Okl. St. §14