David W. Echols is a fellow in the American Academy
of Matrimonial Lawyers

M. Eileen Echols is a former
Family Law Judge
Telephone:
405-759-6802
9925 S. Pennsylvania Avenue
Oklahoma City, Oklahoma 73159

The Battle for Child Custody in Oklahoma City

 
In Oklahoma City, custody fight cases require astute family law attorneys who understand the relationship between divorcing parents and the child or children. The court makes its decision on what is in the best interests of the child. Therefore, both parent and lawyer must work together to demonstrate sole custody, joint custody or other arrangements which will best nurture the child or children.

Factors to consider in Oklahoma City custody battles


What specific factors does the judge consider in an Oklahoma City custody battle?
  • Health of the child
  • Gender of the child
  • Which parent was the primary caregiver prior to the divorce
  • Parenting skills and willingness to care for the child
  • Emotional ties between parent and child
  • Cooperative spirit of either parent to enable visitation by the other parent
  • Moral fitness of the parent
Clearly, there is room for argument, interpretation, misrepresentation, and prejudice in several of these considerations. No divorcing parent wishing for child custody in Oklahoma City wants to be portrayed as an inappropriate parent or lacking in parenting skills, emotional connectedness, or moral fitness. But in a contentious situation, in particular, it is not very difficult to be falsely accused on any such points.

For example, if one parent is known to engage in controlled substance abuse, is alcoholic, or has a documented mental illness, either factor alone could be the overriding consideration of the judge. Similarly, child abuse, acts of domestic violence or criminal activity can sway a decision in favor of the other parent. However, these scenarios are often alleged (without proof), at which time the acumen and experience of the attorneys representing either client can determine which parent gets child custody. In Oklahoma City, such situations have occurred countless times in family court.

Other factors to consider in any Oklahoma City custody battle

  • In the case of younger children, the advantage goes to the parent who was the primary caregiver, e.g., a stay-at-home mother, prior to the divorce
  • With older children, the primary caregiver position is a lesser factor
  • Older children over age 12, who offer genuine and valid reasons to be in the custody of a particular parent might influence the decision of a judge
  • Courts prefer that children have continued, substantive relationships with both parents, even if it does not involve an equitable time allocation
  • Differing religious (or non-religious) practices between parents are not to be considered by the court, with the exception of when one parent’s unusual or non-mainstream religious activities are deemed disruptive to the continuity of a child’s life
Because of these factors, a parent who is facing a child custody battle is wise to contact the Oklahoma City attorneys of Echols and Associates. Our experience in matrimonial law encompasses the full breadth of marital dissolution and child custody situations. Contact us to discuss your fight for custody.
LexisNexis: Martindale-Hubbell

Echols and Associates is located in Oklahoma City, OK and serves clients in and around Wheatland, Oklahoma City, Mustang, Newcastle, Yukon, Newalla, Bethany, Harrah, Spencer, Norman, Nicoma Park, Edmond, Choctaw, Jones, Washington, Piedmont, Blanchard, Union City, Minco, Noble, Arcadia, Cleveland County, Mcclain County, Oklahoma County.

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