DIVORCE/CUSTODY LEGAL GUIDES

Grandparents raised their children, and they are now raising their grandchildren due to the explosion of drug addiction. Often the choice is Guardianship or OKDHS (Oklahoma Department of Human Services) custody of their grandchildren. Grandparents are raising growing young children on retirement income.  Often Grandparents are forced to go back to work to provide for their grandkids. The beautiful thing about Grandparent Guardianship cases is that I have never met grandparents that would change their decision to take care of their grandchildren. They provide their grandchildren with a home, food, medical care, stability, and most of all-Love. Often these children feel abandoned by their parents and are emotionally scarred by what they have been through. These children may need counseling and tutoring to resume a natural childhood. 

The type of custody awarded will determine which parent or whether both parents will make decisions about your child's upbringing.  

Custody determinations are decided by numerous factors.  The factors may include the relationship of the parties, history of domestic violence, relationship of each parent with the children, children's activities, distance between the parents etc.                             

Sole Custody
A parent awarded sole legal custody will make decisions about the child's school, religious  upbringing and medical care etc.  A sole custodian has a  duty to keep the non custodial parent informed of all decisions  regarding the child or children.       

Joint Custody
Both  parents should be able to  communicate and to work together to determine the best interest of their children. In some instances, the Court will award one of the parents as the primary joint custodian and when the parents can't agree- a final decision maker.                                                                    

Split Custody

In some situations where the parents reside in different states and the children are bonded to both parents equally, the courts may award school year custody to one parent and summer time custody to the other parent. 

• Jointly acquired assets and debts are  equitably distributed at the time of Final Order. Joint assets and debts are those acquired during the marriage. The name on the title of the asset or debt does not determine ownership; it is the date of acquisition and the source of the funds. 
• Property acquired during the marriage from inheritance or increases from separate (prior to marriage) assets are usually not distributed and are set aside in the Final Order. The exception occurs when the parties have 'commingled' their separate property. Examples of property that may be subject to equitable distribution include real property, cars, bank accounts, pensions, 401K, stocks, furniture, etc. 
• Gifts received from family, friends and the parties are not subject to equitable distribution. 

Parenting time or Visitation Schedule is a separate legal concept from Custody.  A non-custodial parent may have equal parenting time with his/her child or may be awarded standard visitation. Joint Custodian may have standard visitation. Most Visitation Schedules will include Regular (during school year,) Holiday and Summer.            

Visitation schedules should based upon the best interest of the child.                                                      

Parents are not necessarily married.  If parents are not married then it maybe become necessary for a custody lawyer to file an action  referred to as Paternity Petition.  In a paternity action the parents are legally determined, custody and parenting/visitation  schedules are ordered as well as child support.   In paternity  actions any assets or debts acquired by the parents cannot  be distributed in the  action. Family law attorney will help you through these proceedings.

Q. How long does a divorce take? 

A. If there are children and the complexity of the assets/debts acquired during the marriage, the time to finalize a divorce proceedings may increase plus the court's schedule will determine when your case can be set to proceed. 

Q. How long before a court will issue an order regarding parenting time? 

A. A temporary order hearing is usually held ten to twenty days after the initial pleading is filed.  At that time, unless there are negative factors, the Court will usually issue a temporary visitation schedule.