Father’s Rights

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Father’s Rights in Oklahoma Divorce Cases

CANNON & ASSOCIATES is dedicated to Fierce Advocacy for Fathers facing Dissolution of Marriage, Divorce; Child Custody, and Child Support issues in state courts in central Oklahoma. It is crucial you contact an experienced Oklahoma Family Law Attorney, if you are a father facing Divorce or any contested family law matter. You need a Fierce Advocate to defend your rights and your time with your children, if you are facing a contested Oklahoma Divorce. This page is an overview of the most common issues fathers face when they contact CANNON & ASSOCIATES.

A Father’s Perspective

As a father, nothing is more intimidating than the prospect of not being allowed to spend time with my children. Many men assume Oklahoma family law judges are predisposed to favor mothers and women in Oklahoma divorces; however, the Oklahoma Legislature has taken steps to stop this unfair practice. The laws in Oklahoma require family law judges take a gender-neutral approach concerning Divorce; Child Custody; Child Support; Alimony; and division of property.

As I’m sure you are aware, the simple fact a law is gender neutral does not mean it is always applied that way. Family law judges have their own feelings, experiences, and beliefs about child custody in Oklahoma. The following are important terms to familiarize yourself with sooner rather than later when facing divorce and child custody in Oklahoma.

Custody Terms

Joint Legal Custody: parties share responsibility and the opportunity to decide major parenting decisions, including: medical treatment; education; religion; and extracurricular activity. Joint Legal Custody is separate from physical custody. One parent, including a father, may be designated as “Primary Custodial Parent.” This parent makes the final decision when the parties cannot agree on an issue.

Physical Custody: the primary residence of children.

Modification of Custody: Oklahoma family law allows for a change to the custody order of a minor child after a “permanent, material and substantial change” of the condition in your child’s life, which directly affects their best interests pursuant to Gibbons v. Gibbons.

Child’s Preference for Dad

Pursuant to OKLA. STAT. tit. 43 § 113, children can express their desire to live with their fathers, or mothers, when they are “of a sufficient age to form an intelligent preference.” Additionally, there is a “Rebuttable presumption that a child who is twelve (12) years of age or older is of sufficient age to form an intelligent preference” on the parent they prefer to live with.

Oklahoma law requires family law judges consider the “best interest of the child” in regards to their physical, mental, and moral welfare pursuant to OKLA. STAT. tit. 43 § 109. You can use the fact your children prefer to live with you to your advantage in child custody cases in Oklahoma.

Relationships Matter

Fathers are more than financial providers to their children. CANNON & ASSOCIATES in dedicated to protecting the rights of our clients, especially our client’s rights to child custody, child visitation, and time with their children.

  • Fathers want to be involved in their children’s lives.
  • Fathers deserve to be in their children’s lives.
  • Fathers have a right to be in their children’s lives.

Father’s Child Custody

Oklahoma Family Law judges are tasked with deciding Child Custody and visitation in Oklahoma divorce and child custody cases. Fortunately for Oklahoma fathers, state law dictates child custody and visitation is decided by “the best interest of children.” Custody is not presumptively given to mothers or fathers. The ability of your chosen Oklahoma Family law attorney to tell your story and demonstrate your dedication to your children is part of why it is so important to hire an experienced Oklahoma family law attorney dedicated to Father’s Rights.

It is often true the father in an Oklahoma custody case is a better parent than the mother. In these cases, it is the “best interest of the child” the father receiving primary custody, instead of the mother. However, as previously stated Oklahoma family law dictates both mothers and fathers begin on an equal playing field when it comes to child custody. This is why it is so important to fight for custody of your children and hire an attorney dedicated to Father’s Rights.

Parental Decision-Making Authority

Child custody is important, but deciding how your child is raises is an equally important aspect of your child’s life. Decision-making authority naturally resides with both parents; however, bad actions by one parent can result in their losing decision-making authority. The three most important aspects of parental decision-making authority concern: major medical treatment for your child; the school or schools attended by your child; and the extracurricular activities your child will or will not participate in outside of class. In addition to fighting for custody of your child, you should defend your right to maintain authority in the decision-making for the health and welfare of your child.

Defend your Rights as a Father

All children benefit from a relationship with and love from two parents. You should not be deterred from seeking primary custody of your children, simply because you are a man and a father.   


Sole custody, primary custody, or equal custody may all be difficult for fathers to win; however, you will never know what you could have achieved, if you do not fight for what you want. Oklahoma law requires family court judges enforce fair treatment of fathers; however, this is not always the case. Fathers sometimes face an uphill battle when it comes to child custody and child support in Oklahoma divorce and custody cases. It is very important you hire the right attorney to Fight for You.

It is my hope this page has answered some of your questions regarding Father’s Rights in Oklahoma divorce, if not please contact CANNON & ASSOCIATES or visit our other pages concerning Father’s Rights.

Experience matters when your time with your children is on the line. It is important to know the attorney you hire is dedicated to your cause. John Cannon, owner of CANNON & ASSOCIATES, PLLC is a father and understands the importance of the issues you are facing. He will personally represent you and work along-side you during the entire process. He will keep you informed. John has the experience you need and will bring it to bear in your case.

Additionally, John Cannon has an outstanding record of reaching the best possible outcome for hundreds of clients, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES to protect your rights and Fight your Case. You may send an email inquiry, complete the contact form on our website, or call at 1(405) 657-2323 for a free confidential consultation.

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