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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Plan on taking some time to actually build a case, going from a right to care for your grandson, to asking for full legal custody or even adoption (if you decide to terminate the parents legal rights). First and foremost, you need to understand the ideas behind Oklahoma’s guiding legal principle of deciding who gets custody: that’s “the best interests” of your grandson.
After discussing what implications the “best interests” test has for you, in terms of the types of custody in Oklahoma, let’s talk about (a) the important role of grandparents in Oklahoma, (b) the issues about the biological mother and father, (c) how an Oklahoma family court judge applies custody law, and (d) how to try and get some affordable legal help in the process.
The Idea Behind “Best Interests Of the Child” Rules
Most states have adopted some kind rule, making a custody case all about what’s good for the child. Courts look to see if the proposed custodians avoid making the case about their own feelings, and not to view custody as something to be “won” from another party. Sometimes, this calls for a judge looking to see who is most willing “to work with all interested parties” Often described as “co-parenting:” http://pods.dasnr.okstate. edu/docushare/dsweb/Get/Document-2415/T-2381web.pdf), co-parenting is used to promote a richer family experience. Here’s a general guide to the use of “best interest” tests: https://www.child welfare.gov/systemwide/laws_policies/statutes/best_interest.cfm.
- The Types Of Child Custody in Oklahoma
You need to see what kind of custody you already have. If you have been making medical appointments, deciding school enrollment, and major decisions regarding where the boy lives, then you already have physical custody. You’ll need to consider if you can protect the child’s “best interests” by seeking: primary physical custody, or perhaps sole legal custody, or some combination of the two. Here’s a useful guide from the Oklahoma Bar, noting “primary” custody is usually with the person who has custody 182 days a year or more: http://www.okbar.org/obj/articles09/112109-wilson-child-support-guidelines.htm.
The Special Role Of Grandparents In Modern Child Rearing
I assume from your comments that you are half of a grandparenting team. The issue of grandparent care has become so important, the AARP has issued a guide to help grandparents who need to raise their grandchildren: http://www.aarp.org/content /dam/aarp/relationships/friends-family/grandfacts/grandfacts-oklahoma.pdf.
Mother versus Father?
Though you said the father has “no rights to him at all,” this is probably more of a statement about the factual reality of the last two years, than the legal fact of custody. There’s even a chance the father has equal rights (unless a court has already issued a protective order?). For example, were the parents ever married or in a stable home environment? Is there a pending divorce? Are either of the parents in prison, addicted, or in the military? Has the mother blocked the father from having any contact with the child, or perhaps not even told the father about the child? If any of these special facts occur, the apparent absence of the father may be excused.
And a court won’t simply take your word for the father’s wishes or status. They will want to obtain information directly from the father. As you prepare a case for being the best home for the child, be ready to anticipate what the father will be likely to say. He may even try to get visitation when confronted with a loss in custody.
How A Judge Looks At A Custody Case
Here’s a guide, listing both the major laws in Oklahoma, and how visitation schedules are preferred by a judge: http://www.oscn.net/forms/aoc_form/adobe/Dom.-Standard-Visit-Sch.-Advis.%20Gdelns.pdf.
Some Affordable Places For Help In Oklahoma
Investigating legal custody can become very expensive if there are any allegations of abuse or abandonment. Possible abuse does not even have to be specifically alleged against you to be a serious or relevant issue. If, for example, either of the parents have been charged with abusing or endangering the child, there’s a good chance your connection to the alleged offender will be viewed as a potential part of a “cycle” of abuse. Try to get some help from the Oklahoma Legal aid system http://www. legalaidok.org/. You may also be able to lower your legal costs by doing much of the custody process through ‘self help’ sites such as http://oklaw.org/.
Plan on taking some time to actually build a case, going from a right to care for your grandson, to asking for full legal custody or even adoption (if you decide to terminate the parents legal rights). First and foremost, you need to understand the ideas behind Oklahoma’s guiding legal principle of deciding who gets custody: that’s “the best interests” of your grandson.
After discussing what implications the “best interests” test has for you, in terms of the types of custody in Oklahoma, let’s talk about (a) the important role of grandparents in Oklahoma, (b) the issues about the biological mother and father, (c) how an Oklahoma family court judge applies custody law, and (d) how to try and get some affordable legal help in the process.
The Idea Behind “Best Interests Of the Child” Rules
Most states have adopted some kind rule, making a custody case all about what’s good for the child. Courts look to see if the proposed custodians avoid making the case about their own feelings, and not to view custody as something to be “won” from another party. Sometimes, this calls for a judge looking to see who is most willing “to work with all interested parties” Often described as “co-parenting:” http://pods.dasnr.okstate. edu/docushare/dsweb/Get/Document-2415/T-2381web.pdf), co-parenting is used to promote a richer family experience. Here’s a general guide to the use of “best interest” tests: https://www.child welfare.gov/systemwide/laws_policies/statutes/best_interest.cfm.
You need to see what kind of custody you already have. If you have been making medical appointments, deciding school enrollment, and major decisions regarding where the boy lives, then you already have physical custody. You’ll need to consider if you can protect the child’s “best interests” by seeking: primary physical custody, or perhaps sole legal custody, or some combination of the two. Here’s a useful guide from the Oklahoma Bar, noting “primary” custody is usually with the person who has custody 182 days a year or more: http://www.okbar.org/obj/articles09/112109-wilson-child-support-guidelines.htm.
The Special Role Of Grandparents In Modern Child Rearing
I assume from your comments that you are half of a grandparenting team. The issue of grandparent care has become so important, the AARP has issued a guide to help grandparents who need to raise their grandchildren: http://www.aarp.org/content /dam/aarp/relationships/friends-family/grandfacts/grandfacts-oklahoma.pdf.
Mother versus Father?
Though you said the father has “no rights to him at all,” this is probably more of a statement about the factual reality of the last two years, than the legal fact of custody. There’s even a chance the father has equal rights (unless a court has already issued a protective order?). For example, were the parents ever married or in a stable home environment? Is there a pending divorce? Are either of the parents in prison, addicted, or in the military? Has the mother blocked the father from having any contact with the child, or perhaps not even told the father about the child? If any of these special facts occur, the apparent absence of the father may be excused.
And a court won’t simply take your word for the father’s wishes or status. They will want to obtain information directly from the father. As you prepare a case for being the best home for the child, be ready to anticipate what the father will be likely to say. He may even try to get visitation when confronted with a loss in custody.
How A Judge Looks At A Custody Case
Here’s a guide, listing both the major laws in Oklahoma, and how visitation schedules are preferred by a judge: http://www.oscn.net/forms/aoc_form/adobe/Dom.-Standard-Visit-Sch.-Advis.%20Gdelns.pdf.
Some Affordable Places For Help In Oklahoma
Investigating legal custody can become very expensive if there are any allegations of abuse or abandonment. Possible abuse does not even have to be specifically alleged against you to be a serious or relevant issue. If, for example, either of the parents have been charged with abusing or endangering the child, there’s a good chance your connection to the alleged offender will be viewed as a potential part of a “cycle” of abuse. Try to get some help from the Oklahoma Legal aid system http://www. legalaidok.org/. You may also be able to lower your legal costs by doing much of the custody process through ‘self help’ sites such as http://oklaw.org/.