Family issues can be frustrating and painful. That’s why this firm is dedicated to helping you through this difficult time with professionalism and understanding.
In order to file for divorce in Oklahoma, you must have lived here for at least 6 months. Oklahoma requires waiting periods before getting a divorce. If there are no minor children involved, you must wait 10 days. If there are minor children involved, a final hearing can not be held until the divorce has been on file for 30 days and the divorce decree can not be issued until the petition has been on file for 90 days, unless the court waives this period.
If you do not meet the above requirements, you can file for separate maintenance. This does not terminate the marriage and you can not change your name during this time. You can go before a judge to determine support, property division, custody of the children and child support.
There are three types of custody:
Sole custody - An arrangement by which one parent has full control and sole decision-making responsibility -- to the exclusion of the other parent -- on matters such as health, education, religion, and living arrangements. Although visitation may be awarded to the non-custodial parent.
Joint custody - An arrangement by which both parents share the responsibility for and authority over the child at all times, although one parent may exercise primary physical custody.
Split custody - An arrangement in which one parent has custody of one or more children, while the other parent has custody of the remaining children.
The most important consideration for the court to make is what is in the best interest of the child or children. The court will not consider gender in awarding custody. No preference is given to sole or joint custody or whether one parent can offer private education as opposed to public education.
A court will consider if a child has been harmed or is in danger of being harmed. The court will consider the preference of the child but if he is 12 or older then the court must consider the child’s preference. And, if the court does not follow the child’s preference then it must give a reason for doing so.
Once custody has been determined, it is not set in stone. If one parent has sole custody and the child’s welfare is at risk then the non-custodial parent must file a motion to change permanent custody and must prove certain requirements. But if the parents have joint custody then only the best interest of the child must be proved.
Oklahoma uses guidelines to determine how much a noncustodial parent must pay the custodial parent. Whether you need to have the court determine child support or you have a problem collecting it, we can help with all of your questions.
Once visitation has been awarded the custodial parent must allow visitation. If your visitation rights have been denied or interfered with call us now and we will help you enforce your visitation rights.
Know what you are entitled to under the law. Call us to determine if you are owed spousal support, rehabilitative alimony, temporary alimony, permanent alimony or lump sum alimony.
Contact our firm about what you can do if you are being abused, stalked, or harassed by someone in your life. We can help you with:
- Safety planning at home, work, court, online, and for your children and pets
- Emergency protective orders
CONTACT MANLEY LAW FIRM AND SOMEONE WILL IMMEDIATELY HELP YOU WITH YOUR CASE!