Introduction

In Oklahoma, when parents in a divorce or paternity case are determining the arrangements for their children, the court distinguishes between "Legal Custody" and "Physical Custody."1 These two types of custody address different aspects of a child's upbringing and care.

Here's a breakdown of the differences under Oklahoma law:

Legal Custody

Definition: Legal custody refers to the authority and responsibility to make major decisions regarding the child's upbringing and welfare.3
Decision-Making Areas: These major decisions typically include, but are not limited to:

Education (e.g., school choice, special education needs)
Non-emergency medical and dental care (e.g., selecting doctors, consenting to surgeries or significant treatments)
Religious upbringing
Extracurricular activities
Sometimes, significant disciplinary decisions.

Types of Legal Custody:

Sole Legal Custody: One parent has the exclusive right and responsibility to make these major decisions. The other parent may have the right to be informed but does not have decision-making authority.
Joint Legal Custody: Both parents share the right and responsibility to make these major decisions. This requires effective communication and cooperation between the parents. Oklahoma law generally encourages parents to share the rights and responsibilities of child-rearing, and joint legal custody is often favored if it's in the child's best interest and the parents can work together. If parents with joint legal custody cannot agree on a major decision, they may need to seek mediation or court intervention.

Physical Custody

Definition: Physical custody refers to where the child lives primarily and who is responsible for the routine daily care and control of the child.10
Daily Care: This includes aspects like:

Providing a home for the child
Daily routines (meals, bedtime, etc.)
Supervision
Transporting the child to school and activities
Making day-to-day decisions about the child's care when the child is with that parent.

Types of Physical Custody:

Sole Physical Custody: The child resides primarily with one parent (the "custodial parent"), and that parent is responsible for the majority of the day-to-day care. The other parent (the "non-custodial parent") typically has a set visitation schedule (parenting time).
Joint Physical Custody (or Shared Physical Custody): The child resides with both parents for significant periods.15 This does not always mean an exact 50/50 split of time, but both parents have substantial periods where the child lives with them. When joint physical custody is ordered, a detailed parenting plan or visitation schedule outlining how time will be divided is crucial.

Visitation: Even if one parent has sole physical custody, the non-custodial parent is generally entitled to visitation rights to ensure frequent and continuing contact with the child, unless it is determined not to be in the child's best interest (e.g., due to safety concerns, in which case supervised visitation might be ordered).

Important Considerations in Oklahoma:

Best Interests of the Child: All custody decisions in Oklahoma are based on the "best interests of the child."18 Oklahoma Statutes (Title 43, Section 112) outline various factors the court will consider.
No Legal Preference: Oklahoma law states there is neither a legal preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, nor a preference based on the gender of the parent.
Encouraging Shared Parenting: Oklahoma policy encourages parents to share the rights and responsibilities of child-rearing and for the child to have frequent and continuing contact with both parents when it is in the child's best interest.
Parenting Plan: In cases of joint custody, and often even with sole custody arrangements, the court will require or approve a detailed parenting plan. This plan outlines the specifics of the custody arrangement, including the visitation schedule, how decisions will be made, how information will be shared, and how disputes will be resolved.

It's common for parents to share joint legal custody while one parent has sole physical custody, or for parents to have both joint legal and joint physical custody. The specific arrangement ordered by the court or agreed upon by the parents will depend on the unique circumstances of each family.

These are often very complex and contentious negotiations. Having an experienced and knowledgable attorney can be very beneficial to make certain that you aren’t manipulated into giving important rights.

Author: Ciera N. Freeman, Partner

Brought to you by: Boeheim Freeman Law - 918-884-7791