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What statuatory and case law has determined under what circumstances a joint custody agreement should be dissolved?
State/Country relating to Question: Oklahoma
Good afternoon,I'm sorry to hear of your dilemma.You won't find statutory authority, or case law for that matter, which delineates when it is proper to dissolve joint custody in favor of some other form of custody.The decision to do so rests solely within the sound discretion of the family law judge hearing the case, and is subject to being overturned only in the case of a showing of a clear abuse of discretion.The custody is always based on the "best interests of the child"---nothing more.I wish you well.
Best regards,
Doug
It's my understanding that, according to state law, in situations of high conflict (constant litigation, little or no communication between custodial parents, etc.), join custody agreements should be dissolved in favor of one-parent custody. I had also understood that a case titled Gibbons v. Gibbons has established precedent. Am I wrong?
Good afternoon,I believe that Gibbons merely confirmed that the "best interests" of the child are what guides the court in all matters of custody and support.While you can use Gibbons--at least in OK--to argue for sole custody, Gibbons doesn't mandate that sole custody be granted in each similar situation. The court must carefully weigh the pros and cons in light of the best interests of the children involved.
Attorney
I am a practicing attorney with more than 27 years of experience in the legal field.