How a Divorce Attorney Helps with Child Custody Battles
- Meason & Morris Law
- May 27
- 5 min read
Child custody battles are one of the most emotional and complex parts of any divorce. When parents cannot agree on who should care for their children, the court must step in to make those decisions. In these situations, a skilled divorce attorney can make a major difference.
At Meason & Morris Law, we understand how stressful child custody disputes can be. Our goal is to protect your parental rights while keeping the child’s best interests at the center of every decision. In this blog, we explain how a divorce attorney can help you through a custody battle and what to expect along the way.
Understanding Child Custody in Oklahoma
In Oklahoma, child custody is divided into two parts:
Legal custody refers to the right to make decisions about a child's upbringing, such as education, health care, and religion.
Physical custody refers to where the child lives and who takes care of their daily needs.
Custody can be joint (shared by both parents) or sole (given to one parent). Courts usually favor joint custody if it is in the child’s best interest, but each case is different.
How Courts Decide Custody
When parents disagree on custody, the court steps in to decide. The judge will consider several factors, including:
The child’s relationship with each parent
Each parent’s ability to provide a stable home
The child’s physical and emotional needs
Any history of abuse, neglect, or substance abuse
The child's preference (depending on their age and maturity)
The court's top priority is always the best interest of the child. Your divorce attorney can help you gather evidence and present your case to support your position.
How a Divorce Attorney Can Help
Having a qualified divorce attorney during a custody battle gives you a strong advantage.
Here’s how they can support you:
1. Provide Legal Guidance
A divorce attorney can explain Oklahoma’s custody laws and how they apply to your situation. They help you understand your rights, responsibilities, and options.
2. Develop a Custody Strategy
Your attorney will help you build a plan based on what’s best for your child. This includes:
Creating a parenting plan
Preparing for court hearings
Planning for joint or sole custody arguments
3. Manage Court Filings and Deadlines
Child custody cases involve a lot of paperwork and strict deadlines. A divorce attorney ensures all forms are completed correctly and submitted on time.
4. Negotiate on Your Behalf
Many custody disputes are resolved through negotiation or mediation. Your attorney will represent your interests and work to reach an agreement that protects your rights and your child’s well-being.
5. Represent You in Court
If your case goes to trial, your divorce attorney will present your case to the judge. They will:
Question witnesses
Present evidence
Challenge the other side’s arguments
Having a strong legal advocate in the courtroom can make a significant difference in the outcome of your case.
6. Help You Understand Custody Evaluations
In some cases, the court may order a custody evaluation. This process involves a trained evaluator interviewing both parents, observing the child, and making recommendations to the court. A divorce attorney can prepare you for this evaluation, help you understand what to expect, and make sure your voice is heard during the process.
7. Address Complex Custody Issues
Some custody cases involve complicated issues, such as:
Relocation to another state
Allegations of abuse or neglect
Parental alienation
Substance abuse concerns
An experienced divorce attorney knows how to handle these challenges and can advocate effectively on your behalf.
What to Expect in a Custody Battle
Child custody battles can vary, but here are some common steps:
1. Filing for Custody
If custody is part of a divorce, it is addressed in the divorce petition. If you are not married, you may file a separate custody petition.
2. Temporary Custody Orders
While the case is ongoing, the court may issue a temporary custody order. This sets a schedule for where the child lives until a final decision is made.
3. Mediation or Negotiation
Parents may be asked to try mediation to resolve disagreements. If successful, they can avoid a trial. Your attorney will guide you through this process.
4. Court Hearings and Trial
If no agreement is reached, the case goes to court. Each side presents evidence, and the judge makes a final decision.
5. Final Custody Order
The judge will issue a custody order that both parents must follow. This may include:
Legal and physical custody arrangements
Visitation schedules
Rules for holidays and vacations
6. Enforcing Custody Orders
If one parent fails to follow the custody order, your attorney can help you file a motion to enforce the order. This can include asking the court to hold the other parent in contempt or to modify the order.
7. Co-Parenting Support
Even after the court issues a final custody order, co-parenting can be challenging. A divorce attorney can recommend resources like co-parenting classes, communication tools, or counseling services that help reduce conflict and improve collaboration between parents.
Modifying a Custody Order
Life circumstances can change. If a custody order no longer works, either parent can request a modification. Common reasons include:
A parent is moving
A change in the child’s needs
One parent is not following the order
Concerns about the child’s safety
Your divorce attorney can help you file for a modification and represent you in court.
Why Choose Meason & Morris Law
At Meason & Morris Law, we know how much is at stake in a child custody battle. We provide:
Clear, honest legal advice
Strong courtroom representation
Compassionate support through emotional times
We fight for what matters most: your relationship with your child.
Our team understands the importance of being heard, especially in matters involving your children. We treat every case with care, giving you personal attention and tailored guidance from start to finish. Whether your custody issue is just beginning or you've been struggling with ongoing conflicts, we're here to help.
Final Thoughts
If you are going through a divorce and facing a child custody battle, don’t go through it alone. A skilled divorce attorney can protect your parental rights, help you understand the process, and work toward the best outcome for your child.
Contact Meason & Morris Law today to schedule a consultation. Let us stand by your side and help you move forward with confidence.
Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.
Meason & Morris Law
515 Delaware Ave
Bartlesville, OK 74003
918-336-6300
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