If you are divorcing in Oklahoma, you may have questions about joint custody. Joint custody doesn't necessarily mean each parent has the child for exactly half of the time, although you can ask for that arrangement if it makes sense. Below, you'll find a couple of answers to common questions about joint custody in Oklahoma. For all of our articles on Oklahoma divorce issues, including custody, child support, and property division, see our Oklahoma Divorce and Family Law page.
Does joint custody mean six months with Dad and six months with Mom?
Not necessarily. First of all, there is a difference between joint legal custody and joint physical custody. Parents with joint legal custody share the right to make decisions about their children's upbringing. Joint physical custody means that you share time with the children, but not necessarily by dividing that time right down the middle.
Parents can have joint legal custody without having joint physical custody, which presumes approximately equal time-sharing between parents and children. The time-sharing (or visitation) in a joint child custody plan may be a standard schedule from the court's advisory guidelines. It may include extended or approximately equal time-sharing. The child will likely still have a primary residence.
How do we ask for joint custody?
You must request it, which you can do as part of your divorce action. Either or both parent may file a joint child custody plan, explaining how you will share your responsibilities for your children. The plan should include where the child will live, visitation, child support, school placement, and medical and dental care.
The plan describes what will be handled routinely by each parent, and what should be handled by the parents together. Routine matters are handled by a parent exercising physical custody at the time. Extraordinary matters are either assigned to one partent or require consultation between parents and consensus decision making.
Courts have imposed joint custody upon a parent who did not request it. In such cases, the court must find a "likelihood" of parental cooperation.
Can I modify or terminate a joint child custody plan?
Yes, if the parents agree or the court determines that the plan is no longer working in the best interests of the children. Oklahoma law is unclear as to whether there must be a change in circumstances since the original entry of a joint child custody plan to justify changing or ending it. The law is also unclear as to whether the simple fact that you and your ex aren't getting along as hoped justifies termination of a joint child custody plan. Decisions will vary from judge to judge. When a court terminates a joint child custody plan, custody will be determined as though there has been no prior custody determination.
If the parties to a joint child custody plan are in disagreement over the terms of the plan, they must first attempt out-of-court dispute resolution before a judge will hear the case.
