ATTN: PERSON ARGUING ABOUT CUSTODY OR VISITATION IN THE OKLAHOMA COURT SYSTEM NOW OR IN THE NEAR FUTURE:
Oklahoma Statute §43-110.1 addresses "SHARED PARENTING," what most people think joint custody means.
You could say that shared parenting is more about joint physical custody whereas the word 'joint' typically focuses on the parents having equal say in decisions about the child's health, school, etc. The shared parenting statute states as follows: It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage, provided that the parents agree to cooperate and that domestic violence, stalking, or harassing. To effectuate this policy, if requested by a parent, the court may provide substantially equal access to the minor child to both parents at a temporary order hearing, unless the court finds that shared parenting would be detrimental to the child."
For those in Court or about to be in Court arguing for more time with their child than every other weekend, argue the 'substantially equal access' bit. For those adamantly opposed to the other parent having near-equal time, then you had better focus on facts and evidence showing that the child being with that other parent more is 'detrimental' and arguably not in the child's best interests.
Have a legal question in this regard or situation you want to discuss? Have a friend going through or about to go through something like this? Please share this with them.
Joel K. Mitchell, Attorney-at-Law
MITCHELL LAW OFFICE, P.C.
1318 W Main St in Collinsville
& 1408 S Denver Ave in Tulsa
E-mail or Call (918) 230-5844
Joel K. Mitchell, Attorney