Understanding the Best Interest Standard in Child Custody Cases
What is the best interest standard, and how does it apply to your case?
Hi, my name is Carl Birkhead. I’m a Tulsa child custody attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for eight years now, and I want to help you make law easy by explaining what the best interest standard means for your child custody case.
The best interest standard is exactly what it sounds like. When the court decides who should have custody of a child, the test is: what is in the child’s best interest? Is it best for the child to live primarily with mom? With dad? Or is a shared arrangement better? Ultimately, the court’s focus is on setting the child up for long-term stability and success.
The Role of Oklahoma Law in Custody Decisions
In Oklahoma, the presumption is that there are two fit and proper parents. That means the starting point is that joint custody—equal time with both parents—is in the child’s best interest whenever possible. The goal is for the child to maintain meaningful relationships with both parents.
But that presumption doesn’t always hold. Sometimes geography makes a 50/50 schedule impractical—say one parent lives in Stillwater and the other in Wagner. Other times, work schedules make it difficult—for example, if one parent works overnight shifts or 12-hour days and can’t reliably handle school or childcare duties. And in more serious cases, issues like domestic violence, substance abuse, uncontrolled anger, or untreated mental health problems can affect a parent’s fitness.
Factors Considered in Determining Custody
So while Oklahoma law presumes equal time is best, it’s a rebuttable presumption. Courts look at factors such as:
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- Each parent’s employment and schedule
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- The living situation and stability of the home
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- History of domestic violence, drug use, or mental health issues
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- Ability to reliably transport the child to school and appointments
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- Willingness to meet the child’s medical, educational, and daily needs
All of these details weigh into the court’s decision about what truly serves the child’s best interest.
How to Navigate Your Custody Case Successfully
If you’re navigating a custody case, understanding how this standard applies to your situation is critical. If you have questions, give me a call. My name is Carl Birkhead. I’m a Tulsa family law attorney with Wirth Law Office, and I want to help you make law easy.
Schedule a Low-Cost Initial Strategy Session
Need personalized guidance for your child custody case? Schedule a low-cost initial strategy session with me. Let’s work together to find the best path forward for your family. Call me at 918-879-1681 today.
