Oklahoma Sample Letter regarding Child Custody and Property Settlement Agreement
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FAQ
All marital property is owned equally. In Oklahoma, spouses can have joint tenancy or tenancy in common. When spouses are tenants in common, there can be a disproportionate division of property between the couple. Also, debts accrued from community property are divided equitably between the couple.
In Oklahoma, a minor child can express a preference as to where he or she chooses to live at the age of twelve (12).
Under 43 O.S. § 112.2, the law states that the primary custodial parent has the presumptive right to relocate, subject to the family court's discretion. The court many deny the move if the rights and welfare of the child may be compromised. Having an experienced child custody attorney can help overcome any obstacles.
In Oklahoma, joint custody does not mean 50/50 physical time with the children. Rather, it means equal decision-making rights regarding a child's welfare and upbringing. Joint custody has no direct impact on how physical custody of the children is divided between the parents.
While adultery has no impact on the distribution of assets in a divorce case in Oklahoma, within certain limits it can be a factor in determining alimony and child custody.
Parents may have joint custody with the children spending 50/50 time with each parent. Parents may also have joint custody with one parent having standard visitation with the child(ren). Standard visitation is generally every other weekend with alternating holidays.
In most cases, Oklahoma family law courts prefer to award joint custody to parents ? this keeps both parents in the picture. However, there are times when parents feel strongly about full custody and they must work with an experienced Oklahoma family law lawyer to improve their chances of obtain full custody.
The general view of the courts is that a child in this situation can benefit the most when he or she receives the care and attention from both parents. For this reason, it is mostly possible for you to get joint custody of your kids in an Oklahoma divorce but there are some instances where sole custody will be awarded.
