Understanding Changes in Child Custody Laws
Hi, my name is Carl Birkhead. I’m a Tulsa family law attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for about eight years now, and I want help you make law easy by talking about the changes in the statutes regarding fitness for child custody, visitation, and guardianship.
So the statute we’re talking about is Title 43, Oklahoma Statute 112.5, specifically subparagraphs C and D. This statute has long relied on the best interest of the child standard. This standard was broad, allowing many factors to be considered. While domestic violence was always a key factor, it wasn’t always the determinant.
Shifts in Legal Standards
Now, the law has shifted significantly. In the past, despite findings of abuse, some individuals were able to obtain unrestricted, unsupervised access due to various specific factors. This situation has now changed, adding more weight and focus to specific behaviors as crucial considerations.
Under the revised statute, any individual demonstrating abusive behavior faces a rebuttable presumption of being unfit for custody, guardianship, or unsupervised visitation. This creates a significant change in how custody cases are interpreted and approached in court.
Implications for Your Case
If you find yourself embroiled in such a situation, the presence of evidence, whether for or against you, becomes critical. The outcomes of your custody, visitation, or guardianship case may hinge on this evidence. Understanding these changes can empower you in navigating the legal process.
112.5 has fundamentally altered the landscape, and it’s crucial to grasp how these changes can affect your case. If you have questions or need further clarification, I’m here to assist you.
Discuss Your Case with a Professional
My name is Tulsa child custody attorney Carl Birkhead, and I’m dedicated to making the complexities of law more accessible. If you’re facing challenges or need guidance in your child custody or visitation matter, contact me at Wirth Law Office. I want to help make law easy for you.
Low-Cost Initial Strategy Session
I invite you to reach out and schedule a low-cost initial strategy session. This session can provide valuable insights tailored to your unique situation. Call 918-879-1681 today and take the first step towards resolving your legal matters with confidence. Thank you.
