Navigating Child Custody in Divorce Cases Effectively
Hi, I’m Muskogee child custody attorney Justin Mosteller with the Wirth Law Office. This is probably the number one question I’ve been asked over the years: Who gets custody of the children in a divorce?
Unfortunately, there isn’t a simple answer. If you call for a consultation and ask, “Who’s going to get custody of my kids?” the truth is that it depends on the specific facts of your case.
Best Interests of the Children
Under Oklahoma law, the court determines custody and visitation based on the best interests of the children. This concept covers a wide range of considerations—some listed in the statutes, and others decided case by case. Factors can include who has been the primary caretaker, whether a child has special needs, and other circumstances unique to the family.
By statute, the starting point is the presumption that it’s in a child’s best interests to have meaningful relationships with both parents. This doesn’t mean that 50/50 visitation or joint legal custody is guaranteed, but it does serve as the baseline. All else being equal, the court aims to maximize each parent’s time with the children and their role in raising them.
Consult with a Child Custody Attorney
If you are facing a divorce in Oklahoma and have questions about custody, contact the Wirth Law Office. Our motto is to make law easy, and that’s what we strive to deliver every day. For an affordable consultation with an experienced child custody attorney, call Muskogee divorce attorney Justin Mosteller at (918) 879-1681.
