In Oklahoma, mothers and fathers are generally considered equal in the eyes of the law when it comes to parental rights and responsibilities during and after a divorce. However, there may be some instances where mothers are perceived to have an advantage in the legal system. This article is intended to identify the perceived and actual disparity in custody battles and divorce with minor children in Oklahoma. We hope this information is helpful to you in this difficult time you are facing.
Resources Father’s Rights Divorce
Our team of Your Fierce Advocates® at Cannon & Associates is led by out founder, John Cannon. He has had the privilege of defending the rights of many father’s in divorce and paternity cases across Oklahoma. You can find resources on our YouTube page as well as other pages of our website. This article is intended to answer father’s most common questions, if they are facing divorce or a custody battle in Oklahoma.
You are welcome to call us at (405) 689-8218 any day or night to schedule a FREE confidential case planning session. Until we can speak with you, we hope the following information is helpful.
Do Fathers have equal rights to mothers in custody cases in oklahoma?
Historically, mothers were often granted primary custody of children during divorce, especially if the children were young. This was due in part to gender stereotypes that assumed mothers were better equipped to care for children, and in part to the fact that mothers were often the primary caregivers in the family.
However, in recent years, there has been a shift away from this assumption, and courts now typically consider the “best interests of the child” when making custody decisions. Factors such as the child’s relationship with each parent, each parent’s ability to provide a stable and supportive home environment, and the child’s own wishes and needs are taken into account when making custody determinations.
That being said, there are still instances where mothers are perceived to have an advantage in the custody process. For example, some judges may still be biased toward mothers, and there may be social and cultural expectations that mothers should be the primary caregivers. Additionally, in cases where mothers have been the primary caregivers during the marriage, they may be more likely to be granted primary custody after a divorce. Even though fathers are ready to accept a shift in their role as a parent.
Overall, it is important to remember that each divorce case is unique, and the outcome will depend on the specific circumstances involved, including the Oklahoma divorce attorney you choose to work with in your custody case. It is important to work with an experienced family law attorney who can help you navigate the legal system and advocate for your rights as a parent.
What Rights do dads have in Oklahoma?
In Oklahoma, fathers have the same rights as mothers when it comes to child custody, visitation, and support. The state’s laws are designed to protect the best interests of the child, and to ensure that both parents have the opportunity to maintain a meaningful relationship with their child. However, it is important to note that a “meaningful relationship” can include limited visitation and far few overnights each month than some parents want with their children.
Family law judges in Oklahoma determine custody schedules and arrangements every day in court. Your ability to tell your Oklahoma divorce attorney what you want and their ability to present a compelling argument for your interest plays a major role in custody determinations. Judges only have a limited amount of time to hear each case, so your Oklahoma custody attorney’s advocacy plays a major role in the result. Some specific rights that dads have in Oklahoma include:
The right to seek custody or visitation: A father has the right to seek custody or visitation with his child, even if he was not married to the child’s mother at the time of the child’s birth.
The right to participate in parenting decisions: A father has the right to participate in important decisions related to his child’s upbringing, such as decisions about education, medical care, and religious upbringing.
The right to child support: A father who is awarded custody of his child has the right to seek child support from the child’s other parent. Conversely, a father who is not awarded custody may be required to pay child support to the child’s custodial parent.
The right to contest paternity: A father has the right to contest paternity if he believes that he is not the biological father of the child.
It’s important to note that custody and visitation determinations are made on a case-by-case basis, and the specific rights that a father has in any given case will depend on the unique circumstances of the case. Additionally, fathers who are seeking custody or visitation with their child may benefit from the assistance of an experienced family law attorney to help protect their rights and interests.
Can a mother deny a father visitation?
No, a mother cannot legally deny a father court-ordered visitation in Oklahoma, unless there is a valid reason for doing so, such as concerns for the child’s safety. If a mother interferes with a father’s court-ordered visitation rights, the father can take legal action to enforce his visitation rights. It is important to work with a father’s rights attorney with experience dealing with contested custody cases, if the mother of your child decides to deny your visitation.
In Oklahoma, custody and visitation determinations are made based on the best interests of the child, and both parents have the right to maintain a meaningful relationship with their child. Once a court order is in place, both parents are legally obligated to comply with the terms of the order, including visitation schedules.
If a mother believes that there is a valid reason to deny a father visitation, such as concerns for the child’s safety, she can petition the court to modify the visitation order. However, until the court modifies the order, the mother must comply with the terms of the existing order.
It’s important to note that custody and visitation disputes can be complex and emotionally charged, and it’s often best to seek the assistance of an experienced family law attorney to help protect your rights and interests.
How often do fathers see kids during
the divorce process?
This answer to how often do fathers seek kids during the divorce process depends on the facts, circumstances, the family law judge in your case, and your Oklahoma divorce attorney. The frequency of visitation between a father and his children during a divorce depending on multiple factors in a contested divorce case, including the preferences of both parents.
In Oklahoma, custody and visitation determinations are made based on the best interests of the child, and both parents have the right to maintain a meaningful relationship with their child. The court may consider a number of factors when determining the visitation schedule, such as the child’s age and maturity, the parents’ work schedules, and the child’s school and extracurricular activities.
In some cases, the court may award joint physical custody, which means that the child spends equal time with both parents. In other cases, the court may award primary physical custody to one parent, with the other parent having visitation rights.
The visitation schedule can be negotiated between the parents or set by the court. It may involve regular visitation on a set schedule (such as every other weekend), or it may be more flexible, depending on the parents’ schedules and the child’s needs.
It’s important to note that every divorce case is unique, and there is no one-size-fits-all answer to how often dads see their kids during divorce. The specific visitation schedule will depend on the unique circumstances of the case and what is in the best interests of the child. Again, it is crucial to work with an experienced Oklahoma custody lawyer or divorce attorney when fighting for custody. Your attorney’s ability to present a compelling argument to the judge or opposing counsel is your greatest weapon in obtaining an arrangement that fits your needs and desires in your custody case.
What factors impact custody determinations in oklahoma?
In Oklahoma, the factors that impact custody determinations can vary depending on the circumstances of the case, but typically include the following:
The best interests of the child: This is the most important factor in determining custody. The court will consider various factors related to the child’s well-being, such as their emotional and physical needs, their relationships with each parent, and their preferences (depending on their age and maturity).
The relationship between each parent and the child: The court will consider each parent’s ability to provide a stable and loving environment for the child, and their past involvement in the child’s life.
Each parent’s ability to provide for the child: The court will consider each parent’s financial resources, as well as their ability to provide for the child’s basic needs, such as food, shelter, and medical care.
Each parent’s mental and physical health: The court will consider any mental or physical health issues that may impact the parent’s ability to care for the child.
The child’s relationship with siblings and extended family: The court will consider the importance of maintaining relationships with siblings and extended family members, and how each parent is likely to support those relationships.
Each parent’s willingness to encourage a relationship between the child and the other parent: The court will consider whether each parent is likely to support and encourage a positive relationship between the child and the other parent.
Any history of abuse or neglect: The court will consider any evidence of abuse or neglect by either parent, and how that may impact the child’s safety and well-being.
It’s important to note that custody determinations are made on a case-by-case basis in Oklahoma, and the specific factors considered will depend on the unique circumstances of each case. You and your Oklahoma custody lawyer’s ability to tell a compelling story of your ability to be a custodial parent plays a major role in the custody arrangement you will achieve in your custody battle.
CONTACT CANNON & ASSOCIATES TODAY – YOUR FIERCE ADVOCATES® for father’s rights
If you are facing a child custody dispute or divorce with minor children in Oklahoma, it is important to work with an experienced Oklahoma City divorce attorney. When you take a strategic approach to your Oklahoma child custody case, you increase your chances of obtaining the best outcome for you and your child’s interests.
Your Fierce Advocates® at Cannon & Associates are dedicated to answering your questions and preparing you for whatever lies ahead in your Oklahoma divorce or custody case. We take pride in assisting clients through the difficult times of facing custody disputes in court.
We cannot guarantee that you will “win” your custody case, as it is important to realize the court is seeking the best outcome for your children, but we promise to maximize your chances of achieving the best possible custody arrangement for your situation. CALL NOW 405-591-3935 for your free confidential case strategy session to help you understand your options in your Oklahoma divorce or custody case.