Child Custody Must Ensure the Best Interests of Children in Oklahoma

Child custody in Oklahoma is often a problem after divorce. It is not uncommon for ex-husbands and ex-wives to fight each other for custody of the child. In the end, there was a dispute between the two. With the occurrence of disputes over the control of children, the settlement has to go to court institutions.

Because the father or mother is a parent who has the same right and obligation to take care of their children, but because of a divorce, the control and management of the children cannot be done together, resulting in a dispute between the two parents. On this basis, the judge who presides over the court session must be careful to examine the case and make a decision, especially since the judge acts as a mediator for the litigants. The decision handed down by the judge does not only have an impact on the litigants but also on the child who is the object of the case.

Due to the heavy burden that must be borne by the judge in deciding on cases of seizure of control of children from divorced parents, there may be an obstacle in the implementation of the settlement of the case. If it is known that there is an obstacle in the examination of a case, it is necessary to immediately take measures to prevent it from spreading to other similar cases, which ultimately eliminates the authority of the judge and the court.

Apart from the above, winning or losing a father or mother fighting over their child, the loser also cannot be separated from his responsibility to his child, but the biggest responsibility lies with the party who wins the fight for the child.

In reality, it is not uncommon for the party who wins the case to fight for the control of the child and cannot even meet the needs of his child, while the parents as the losing party sometimes assist in a form of accountability.

With this happening, on the one hand, the judge wrongly determines the party who can take care of and care for his child and on the other hand the lack of a sense of responsibility of the divorced parent towards his child, while based on the applicable laws and regulations, the child has the right to get the fulfillment of his life needs and affection and protection from their parents.

Every child who is deprived of his liberty has the right to:

a. Getting humane treatment and placement

separated from adults;

b. Obtain legal or other assistance effectively

in each stage of the applicable legal remedies;

c. Defend yourself and get justice before the juvenile court

objective and impartial

Every child who is a victim or perpetrator of sexual violence or who is in conflict with the law has the right to keep confidentiality. Then every child who is a victim or perpetrator of a crime is entitled to legal assistance and other assistance.

In the case of divorce, there are times when a child is taken and cared for by one of the parents, even though it is officially contested in court and by taking the child by one of the parents, it is not only the responsibility of the adopting parent to care for and meet the needs of the child but also the obligations of the parents. parents separated from the child.

Child Custody in Oklahoma

It is in the best interests of the child that courts must make the best decisions in child custody in Oklahoma Two things will be decided by the court in child custody, namely:

1. Sole custody or full custody

Sole custody rights or full custody rights, namely one of the parents have full rights in post-divorce child care, which is given by the judge based on data, law, evidence, witnesses and to provide the best for the child.

In this case, the court also grants visitation rights for other parents. The goal is that both parents can give love to their children. And however, the court also has the right to decide to refuse a visit for certain reasons, such as if the parents were violent or inappropriate, or used drugs. This will make the situation worse for the child.

2. Joint custody

Joint custody is a decision given by the court to the child’s parents to jointly and jointly in child custody rights. This is based only when both parents can work together in fulfilling the child’s rights after divorce.

If a child is mature enough to form an intelligent preference, the court must take that child’s preference into account, when the court grants custody. If the child is at least twelve years old, there is a disputable assumption that a child is mature enough to form intelligent preferences.

Note that the law says “will consider.” It doesn’t say “will follow.” The law requires the court to consider a child’s preferences if the child is old enough, but the law does not require the court to follow the child’s preferences. Until a child is eighteen years old, the courts are not bound by the wishes of a child.

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