Divorce proceedings are a stressful situation, especially if children are involved. Therefore, it is essential not to create additional difficulties. Oklahoma laws primarily try to protect the interests of children affected by their parents’ divorce. Consequently, it seems that the participation of a divorce lawyer is an unnecessary expense. But that’s not true. Let’s find out what role Tulsa custody lawyers have and why you should use their services.
What the Law Says
The court may grant custody, custody, and control of the child to the parent or both parents jointly. When awarding custody of an unmarried minor child or appointing a general guardian for said child, the court must consider what appears to be in the best interests of the child’s physical, mental, and moral welfare. When assigning custody to one of the parents, the court:
- Which parent is more likely to allow the child or children frequent and prolonged contact with the non-custodial parent?
- Must not favor a parent as a child’s guardian because of that parent’s gender.
Child Support After Divorce
Unless the parties, represented by counsel, have agreed otherwise, in any judicial or administrative proceeding regarding an award of child support, there shall be a rebuttable presumption of the amount of the award that may arise as a result of the application of the following Oklahoma Child Support Guidelines: the correct amount of child support. A district or administrative court may deviate from the amount of child support specified in the child support guidelines if the specified amount of child support is unfair, inequitable, unreasonable, or inappropriate under the circumstances or is not in the child’s best interests. Every order providing for the support of a minor child or modification of such an order, whether issued by a district court or an administrative court, must contain a provision for the immediate assignment of income.
Additional Requirements
In all divorce, separation, custody, paternity, custody, or visitation actions, including modification or enforcement of a previous judgment, in which the interests of a child under eighteen years of age are involved, the court may require that all adult parties must attend an educational program regarding, as appropriate, the impact of single-parenting and shared parenting, implications for visitation and conflict resolution, child development, separate financial responsibility for children, and such other instruction as the court deems necessary. The program must be educational and is not intended for individual therapy. The court may require the parties to attend and complete the educational program specified by law during the ninety-day waiting period.
The Role Of a Custody Lawyer
As you can see, Oklahoma law takes special care to ensure children’s rights are respected, and decisions that are in their best interests are made. And here we come to the most crucial role of a lawyer. The point is that the court relies only on the factual data provided to it. The judge cannot live with the family to determine the best custody option. And the lawyer’s task is to provide all the required evidence and confirmation. Without the help of a specialist, you may find yourself at a disadvantage simply because you are missing one piece of paper.
Currently, Oklahoma courts are increasingly favoring joint custody. In most cases, this is truly the best option. However, if your situation differs, you must prove this to the court. Custody lawyers know how to do this. There are opposite situations when your husband or wife insists on sole custody and wants to prohibit you from seeing your children. In this situation, a lawyer will help you deal with it best.
Another essential advantage of a lawyer’s services is speeding up the process. The process can extend much longer than the required 90 days in complex cases. This means unnecessary stress not only for you but also for the children. A lawyer knows how to act most effectively and quickly.
Thus, the main functions of a child custody lawyer are as follows:
- The most adequate representation of a party in court.
- Ensuring that the evidence provided is as compelling as possible.
- Assistance in reaching an agreement with the opposing party.
- Guaranteed no errors on your part.
If you are applying for alimony with sole custody, a lawyer will ensure that your requirements are met.
Conclusion
Even if the family has broken up, you need to move on. It is essential to guarantee that children are provided with everything they need. These are the issues that custody lawyers deal with. They will help you collect the necessary documents, present them to the court in the best possible way, and ensure that your rights are respected. The lawyer will also help establish alimony. This will reduce the stress you and your children experience during divorce. In addition, you will be confident that the court will make the best decision based on the facts presented.
