Understanding Fitness Standards in Oklahoma Child Custody Cases
Hi, my name is Carl Birkhead. I’m a Tulsa family attorney with Wirth Law Office in Oklahoma. I’ve been doing family law for about eight years now, and I want to help you make law easy by talking to you about the changes in the statutes regarding fitness for child custody, visitation, and guardianship.
The statute we’re discussing is Title 43, Section 112.5, specifically subparagraphs C and D. These have created a rebuttable presumption that a parent or guardian is unfit for custody, guardianship, or visitation if it’s established that they are abusive, exhibit patterns of coercive controlling behavior, stalking, harassment, or suffer from and cannot control substance abuse issues.
Defining Rebuttable Presumption
What does this rebuttable presumption mean? Previously, courts lacked a statutory framework to measure appropriate or inappropriate behavior. Testimonies often included vague claims about arguments or a parent’s conduct without concrete standards of measurement.
These toxic, abusive behaviors weren’t quantified and were thrown into the mix of building a child custody case. The best interest analysis was broad, leaving parties unsure of how to demonstrate they were the better parent. It was akin to trying to cook blindfolded, attempting to add the right ingredients without guidance.
Shifting Standards in Custody Battles
Now, this presumption enacts clear, measurable standards. The parent exhibiting abusive behavior must overcome the presumption of being unfit. It’s not an easy process and requires consistent effort, acknowledging wrong behavior, and taking steps to correct it.
If substance abuse is the issue, the parent must demonstrate a serious commitment to sobriety. Mental health concerns require documentation of attendance at therapy. Anger management problems necessitate showing efforts to control temper, changing the dynamics of custody battles.
Secure Your Initial Strategy Session
If you’re in a situation with potential evidence for or against you, call me, Oklahoma child custody attorney Carl Birkhead, at 918-879-1681. Let’s discuss your case and find a way to present your situation effectively under the new standards. I’m with Wirth Law Office and committed to making the law easy for you.
