Oklahoma Statutes
Title 43. Marriage and Family
§43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.

In every case involving the custody of, guardianship of or visitation with a child, the court shall consider evidence of domestic abuse, stalking and/or harassing behavior properly brought before it. If the occurrence of domestic abuse, stalking or harassing behavior is established by a preponderance of the evidence, there shall be a rebuttable presumption that it is not in the best interest of the child to have custody, guardianship, or unsupervised visitation granted to the person against whom domestic abuse, stalking or harassing behavior has been established.

Added by Laws 2006, c. 284, § 7, emerg. eff. June 7, 2006.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 43. Marriage and Family

§43-1. Marriage defined.

§43-2. Consanguinity.

§43-3. Who may marry.

§43-3.1. Recognition of marriage between persons of same gender prohibited.

§43-4. License required.

§43-5. Application - Fees - Issuance of license and certificate.

§43-5.1. Premarital counseling.

§43-6. License - Contents.

§43-7. Solemnization of marriages.

§43-7.1. Refusal to solemnize or recognize marriage by religious organization officials - Definitions.

§43-8. Endorsement and return of license.

§43-9. Records - Return of original.

§43-10. Evidence before issue of license.

§43-11. Copy of record - Admission as evidence.

§43-14. Penalty for performing unlawful marriage.

§43-15. Miscellaneous offenses - Penalties.

§43-16. Soliciting in or near court house or grounds prohibited.

§43-17. Punishment for violations.

§43-18. Injunction against violations.

§43-20. Computation of time.

§43-101. Grounds for divorce.

§43-102. Residence of plaintiff or defendant.

§43-103. Venue for any action for divorce, annulment of a marriage or legal separation.

§43-104. Personal jurisdiction in certain divorce actions.

§43-104.1. District court referees.

§43-105. Petition and summons.

§43-106. Response.

§43-107.1. Actions where minor child involved - Delayed final order - Waiver - Completion of educational program - Exceptions.

§43-107.2. Actions where minor child involved - Court-ordered educational program.

§43-107.3. Appointment of guardian ad litem - Referral to mediation or counseling - Definitions - False accusations of child abuse or neglect.

§43-107.4. Motion for an emergency custody hearing.

§43-108. Parties in equal wrong - Custody of children - Disposition of property.

§43-109. Awarding custody or appointing guardian - Joint custody – Domestic violence, stalking, or harassment – Court considerations.

§43-109.1. Custody during parents' separation.

§43-109.2. Paternity determination.

§43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.

§43-109.4. Grandparental visitation rights.

§43-109.5. Voluntary relinquishment of physical custody –Presumption.

§43-109.6. Certain information and records to be available to both custodial and noncustodial parent.

§43-110. Automatic temporary injunction – Temporary orders.

§43-110.1. Shared parenting - Policy.

§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy – Definitions.

§43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation.

§43-111. Indirect contempt for disobedience of certain orders relating to divorce or separate maintenance actions.

§43-111.1. Minimum visitation between noncustodial parent and child – Domestic violence or stalking – Failure to pay child support - Enforcement of visitation order.

§43-111.1A. Standard visitation schedule – Advisory guidelines.

§43-111.2. Civil action for child stealing.

§43-111.3. Duty to facilitate visitation - Interference with visitation rights of noncustodial parent - Motion for enforcement.

§43-111.4. Protection of child from child abuse or neglect or domestic violence by parent – Suspension of visitation.

§43-112. Care and custody of children.

§43-112.1A. Definitions - Child support - Parental rights and duties – Actions and jurisdiction.

§43-112.2. Evidence of ongoing domestic abuse or child abuse - Determinations relating to convicted sex offenders - Presumption.

§43-112.2A. Parent's right to change child's residence.

§43-112.3. Notice of proposed relocation or change of residence.

§43-112.4. No duty to maintain stepchildren.

§43-112.5. Custody or guardianship - Order of preference - Death of custodial parent - Preference of child - Evidence of domestic abuse - Registered sex offenders.

§43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking.

§43-112.7. Modification of custody - Military deployment.

§43-112A. Central case registry on IV─-D cases and child support orders.

§43-113. Preference of child – Record of interview.

§43-114. Interest on court-ordered past-due child support payments and payments of suit monies.

§43-115. Order for child support or modification of order - Provision for income assignment.

§43-116. Security, bond or other guarantee for child support.

§43-117. Modification, suspension or termination of order for income assignment.

§43-118. Child support guidelines.

§43-118.1. Review of child support orders - Disclosure of financial status.

§43-118.2. Employer sponsored health care coverage.

§43-118.3. Request for wage and tax information.

§43-118.4. Assignment or transfer of child support benefits – Attorney fees.

§43-118A. Definitions.

§43-118B. Computation of gross income - Imputed income - Self-employment income - Fringe benefits - Social Security Title II benefits.

§43-118C. Deductions from gross income for qualified other children.

§43-118D. Computation of child support as percentage of parents' combined gross income - Prospective adjustment - Transportation expenses - Support order summary form.

§43-118E. Parenting time adjustment - Reduction in child support obligation.

§43-118F. Medical support order for health care coverage.

§43-118G. Actual annualized child care expenses.

§43-118H. Deviation from guidelines child support amount.

§43-118I. Modification of child support orders.

§43-119. Computation of child support obligations.

§43-119.1. Legislative review of child support guidelines and schedule of basic child support obligations.

§43-120. Child support forms.

§43-120.1. Short title.

§43-120.2. Definitions.

§43-120.3. Appointment of parenting coordinator – Party agreement – Authority - Meetings - Parental rights - Removal.

§43-120.4. Report of decision.

§43-120.5. Fees - Appointment.

§43-120.6. Qualifications.

§43-120.7. Court expert - Procedures.

§43-121. Restoration of maiden or former name - Alimony - Division of property.

§43-122. Effect of divorce.

§43-123. Remarriage and cohabitation - Appeal from judgment.

§43-124. Bigamy a felony.

§43-125. Validation of decrees annulling marriage or granting divorce.

§43-126. Remarriage within six months as ground for annulment.

§43-127. Time when judgments in divorce actions become final - Effect of appeal.

§43-128. Avoidance of marriage of incompetents.

§43-129. Alimony without divorce.

§43-130. Evidence.

§43-131. Residency in divorce cases.

§43-132. Parties may testify.

§43-133. Setting aside of divorce decrees upon petition of parties.

§43-134. Alimony payments - Designation of support and property payments - Termination of support - Cohabitation by former spouse - Modification of support - Active military pay - Disposable retired or retainer military pay.

§43-135. Lien for arrearage in child support payments.

§43-136. Mailing of alimony and support payments - Evidence of support payments - Income assignment fee.

§43-137. Past due payments operate as judgments – Cessation of lien after period of years – Duration of arrearage payment.

§43-138. Recording of costs in child support enforcement cases - Assessment against nonprevailing party.

§43-139. Legal right to child support.

§43-139.1. Revocation, suspension, nonissuance, or nonrenewal of license or placement of obligor on probation as remedy for noncompliance with support order.

§43-140. Problem-solving court program - Participation by obligors of state child support plan.

§43-150. Deployed Parents Custody and Visitation Act.

§43-150.1. Definitions.

§43-150.2. Custodial responsibility – Jurisdiction - Residency.

§43-150.3. Deployed parent - Exercise of visiting rights by third party.

§43-150.4. Deployment orders - Copy to nondeploying parent.

§43-150.5. Expedited hearing.

§43-150.6. Temporary custody orders - Deploying parent privilege.

§43-150.7. Permissible court orders.

§43-150.8. Court-ordered visitation - Appearance at hearing - Rebuttable presumptions.

§43-150.9. Notification of completion of deployment.

§43-150.10. Bad faith - Penalties.

§43-201. Mutual obligations.

§43-202. Duty to support.

§43-203. Separate property.

§43-204. Contracts.

§43-205. Relations cannot be altered by contract - Separation agreements.

§43-206. Mutual consent as consideration for separation agreement.

§43-207. Manner of holding property - Inventory of separate property.

§43-208. Liability for acts and debts of spouse - Curtesy and dower abolished.

§43-209.1. Joint and several liability of husband and wife.

§43-209.2. Parent's liability for value of child's necessaries.

§43-210. Liability on abandonment or separation by agreement.

§43-211. Management, sale or encumbrance of property of one by the other, when.

§43-212. Contracts binding on both - Liability for acts - Suits and proceedings.

§43-213. Order set aside, when.

§43-214. Rights of married women.

§43-215. Agreement respecting rights acquired under community property law - Recording - Limitation barring action to recover interest.

§43-410. Short title.

§43-413. Payment of support through registry.

§43-420. Short title.

§43-421. Authorization of public or private agencies to provide registry - Maximum fee.

§43-422. Participant logs.

§43-423. Court order for participation in registry program.

§43-424. Forms for petition and court order - Modification of visitation rights.

§43-425. Court to hear applications for participation in registry within certain time.

§43-551-101. Short title.

§43-551-102. Definitions.

§43-551-103. Proceedings governed by other law.

§43-551-104. Application to Indian tribes.

§43-551-105. International application of act.

§43-551-106. Effect of child custody determination.

§43-551-107. Priority.

§43-551-108. Notice to persons outside state.

§43-551-109. Appearance and limited immunity.

§43-551-110. Communication between courts.

§43-551-111. Taking testimony in another state.

§43-551-112. Cooperation between courts; preservation of records.

§43-551-201. Initial child custody jurisdiction.

§43-551-202. Exclusive, continuing jurisdiction.

§43-551-203. Jurisdiction to modify determination.

§43-551-204. Temporary emergency jurisdiction.

§43-551-205. Notice; opportunity to be heard; joinder.

§43-551-206. Simultaneous proceedings.

§43-551-207. Inconvenient forum.

§43-551-208. Jurisdiction declined by reason of conduct.

§43-551-209. Information to be submitted to court.

§43-551-210. Appearance of parties and child.

§43-551-301. Definitions.

§43-551-302. Enforcement under Hague Convention.

§43-551-303. Duty to enforce.

§43-551-304. Temporary visitation.

§43-551-305. Registration of child custody determination.

§43-551-306. Enforcement of registered determination.

§43-551-307. Simultaneous proceedings.

§43-551-308. Expedited enforcement of child custody determination.

§43-551-309. Service of petition and order.

§43-551-310. Hearing and order.

§43-551-311. Warrant to take physical custody of child.

§43-551-312. Costs, fees, and expenses.

§43-551-313. Recognition and enforcement.

§43-551-314. Appeals.

§43-551-315. Role of district attorney.

§43-551-316. Role of law enforcement.

§43-551-317. Costs and expenses.

§43-551-401. Application and construction.

§43-551-402. Transitional provision.

§43-601-101. Short title - Uniform Interstate Family Support Act.

§43-601-102. Definitions

§43-601-103. Tribunals and support enforcement agency.

§43-601-104. Remedies cumulative.

§43-601-105. Application to support proceedings.

§43-601-201. Bases for jurisdiction over nonresident

§43-601-202. Duration of jurisdiction.

§43-601-203. Initiating and responding tribunal of this state.

§43-601-204. Simultaneous proceedings in another state or foreign country

§43-601-205. Continuing, exclusive jurisdiction - Controlling order

§43-601-206. Request for enforcement of order by tribunal of other state

§43-601-207. Determination of controlling order.

§43-601-208. Child support orders for two or more obligees.

§43-601-209. Credit for payments

§43-601-210. Receipt of evidence from outside the state - Applicable law

§43-601-211. Modification of spousal support order - Request for enforcement to tribunal of another state or foreign country

§43-601-301. Proceedings under this act.

§43-601-302. Action by minor parent.

§43-601-303. Application of law of this state.

§43-601-304. Duties of initiating tribunal

§43-601-305. Duties and powers of responding tribunal.

§43-601-306. Inappropriate tribunal.

§43-601-307. Duties of support enforcement agency

§43-601-308. Powers of Attorney General.

§43-601-309. Private counsel.

§43-601-310. Duties of state information agency.

§43-601-311. Petition - Contents and accompanying documents

§43-601-312. Sealing of information.

§43-601-313. Costs and fees

§43-601-314. Limited immunity of petitioner

§43-601-315. Nonparentage as defense.

§43-601-316. Special rules of evidence and procedure

§43-601-317. Communications between tribunals

§43-601-318. Assistance with discovery.

§43-601-319. Receipt and disbursement of payments - Payment to enforcement agency of another state or foreign country - Certified statement.

§43-601-401. Petition to establish support order.

§43-601-402. Responding tribunal.

§43-601-501. Recognition of income-withholding order issued in another state.

§43-601-502. Employer obligations.

§43-601-503. Two or more income-withholding orders.

§43-601-504. Employer's civil liability limited.

§43-601-505. Willful noncompliance

§43-601-506. Contest of order.

§43-601-507. Administrative enforcement of orders.

§43-601-601. Registration of order for enforcement.

§43-601-602. Procedure to register order for enforcement

§43-601-603. Effect of registration for enforcement.

§43-601-604. Law, procedures and remedies to be applied

§43-601-605. Notice of registration of order

§43-601-606. Procedure to contest validity or enforcement of registered order

§43-601-607. Contest of registration or enforcement

§43-601-608. Confirmed order.

§43-601-609. Procedure to register child support order of another state for modification.

§43-601-610. Effect of registration for modification.

§43-601-611. Modification of child support order of another state

§43-601-612. Recognition of order modified in another state.

§43-601-613. Jurisdiction - Applicability of provisions

§43-601-614. Filing of modified child support order.

§43-601-615. Modification of order made by foreign country that lacks or does not exercise jurisdiction

§43-601-616. Registration of foreign child support orders - Petition for modification.

§43-601-701. Definitions

§43-601-702. Application of article.

§43-601-703. Department of Human Services as designated agency.

§43-601-704. Duties of Department of Human Services

§43-601-705. Direct request for establishment or modification - Direct request for recognition and enforcement

§43-601-706. Registration of support order.

§43-601-707. Contest of a registered convention support order.

§43-601-708. Recognition and enforcement of registered convention support orders - Exceptions

§43-601-709. Severability of convention support orders.

§43-601-710. Recognition and enforcement of registered foreign support agreements - Exceptions.

§43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of order.

§43-601-712. Permissible uses of personal information.

§43-601-713. English translation.

§43-601-801. Grounds for rendition.

§43-601-802. Condition of rendition.

§43-601-901. Uniformity of application and construction.

§43-601-902. Application of act

§43-601-903. Severability of act.