In Oklahoma family law, decisions have the child’s best interests in mind, so one important custody option courts may consider is sole custody. This arrangement gives one parent the exclusive right to make major decisions for the child—and can significantly shape both parents’ roles after a divorce or custody dispute. If you’re navigating a custody issue in Oklahoma, here’s what you need to know about sole custody, how it works, and when it’s useful.
What is Sole Custody?
Sole custody means one parent has the legal authority to make all major decisions regarding the child’s upbringing. This includes choices about education, medical care, religion, and extracurricular activities.
In Oklahoma, courts distinguish between two types of custody:
- Legal Custody: The right to make important decisions about the child’s life.
- Physical Custody: The right to have the child live with you.
Sole custody usually refers to sole legal custody, but in some cases, the parent may also get sole physical custody.
When Do Courts Order Sole Custody?
Oklahoma courts generally prefer joint custody, especially when both parents are capable and willing to co-parent. However, sole custody may be awarded when:
- One parent has a history of abuse or domestic violence
- One parent struggles with substance abuse or mental illness
- The parents have extremely poor communication or high-conflict dynamics
- One parent is absent or uninvolved in the child’s life
- Joint custody would not be in the child’s best interests
The court always considers what’s best for the child—not what either parent wants. Judges rely on evidence, including testimony, records, and the recommendations of professionals like Guardian ad Litems.
Rights of the Non-Custodial Parent
Even if one parent has custody, the other parent typically retains visitation rights, unless the court finds that visitation would endanger the child. The non-custodial parent may still:
- Spend scheduled time with the child (supervised or unsupervised)
- Receive updates about the child’s health and education
- Petition the court for modifications if circumstances change
Losing legal custody does not mean losing all parental rights, but it does mean having less decision-making power.
Is it Possible to Change Custody Arrangements?
Custody orders in Oklahoma can be modified if there has been a substantial and material change in circumstances that affects the child’s well-being. This might include:
- A custodial parent’s relocation
- Evidence of abuse or neglect
- A change in the child’s needs or preferences
To change from sole to joint custody—or vice versa—you must file a motion with the court and provide strong evidence that the change serves the child’s best interests.
Claremore Child Custody Attorneys
Custody cases are emotionally charged and legally complex. Whether you’re seeking custody or defending your parental rights, having an experienced family law attorney on your side is essential. For a free consultation with an attorney at Claremore Attorneys, call 918-379-4872. Or you can click here to ask a free online legal question.
