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The court may find that a parent previously abused or neglected the child or the child's sibling, or failed to protect the child or sibling from abuse or neglect and the child or sibling was subjected to subsequent abuse.
To get full custody, you'll need to file a motion before the appropriate Oklahoma family law court requesting full custody. Following the motion, there'll be at least one hearing on the matter. The number of hearings will depend on why you requested full custody and the other parent's response to the motion.
Legally, the custodial parent must follow the visitation schedule. A child must comply until 18 years of age or is emancipated. From a practical standpoint, it can be challenging to follow the visitation schedule if the minor child clearly expresses disinterest and refuses to travel to see the other parent.
In Oklahoma, neither the father nor mother is considered a superior parent. Each parent is regarded to hold equal rights in making decisions regarding their child. However, in divorce, parents may push to have it all by requesting full custody and as a result sole decision-making authority.
Desertion of a child under 3 years of age for 6 months, desertion of a child older than 3 years for 1 year, proof of a series of abusive incidents involving one or more child, the child has been in the care and custody of a licensed child care agency which has attempted to implement a plan of return and the parent has ...
Full custody can be difficult for fathers to win, despite Oklahoma law requiring and family court judges enforcing fair treatment of fathers.
Abuse or Neglect: Evidence of physical, emotional, or sexual abuse or neglect of the child can lead to a determination of unfitness. Substance Abuse: If a parent's substance abuse interferes with their ability to provide a safe and stable environment for the child, it can be a factor in determining unfitness.
Oklahoma law is very clear, if you're not married to the mother, you have no custody rights until you establish them at court. In other words, what the mother says goes, there are no exceptions. So if you want visitation time, then it's up to mom.