A. A petition or cross-petition for a divorce, legal separation, or annulment must state whether or not the parties have minor children of the marriage. If there are minor children of the marriage, the court:
1. Shall make provision for guardianship, custody, medical care, support and education of the children;
2. Unless not in the best interests of the children, may provide for the visitation of the noncustodial parent with any of the children of the noncustodial parent; and
3. May modify or change any order whenever circumstances render the change proper either before or after final judgment in the action; provided, that the amount of the periodic child support payment shall not be modified retroactively or payment of all or a portion of the past due amount waived, except by mutual agreement of the obligor and obligee, or if the obligee has assigned child support rights to the Department of Human Services or other entity, by agreement of the Department or other entity. Unless the parties agree to the contrary, a completed child support computation form provided for in Section 120 of this title shall be required to be filed with the child support order.
The social security numbers of both parents and the child shall be included on the child support order summary form provided for in Section 120 of this title, which shall be submitted to the Central Case Registry as provided for in Section 112A of this title with all child support or paternity orders.
B. In any action in which there are minor unmarried children in awarding or modifying the custody of the child or in appointing a general guardian for the child, the court shall be guided by the provisions of Section 112.5 of this title and shall consider what appears to be in the best interests of the child.
C. 1. When it is in the best interests of a minor unmarried child, the court shall:
2. There shall be neither a legal preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.
3. When in the best interests of the child, custody shall be awarded in a way which assures the frequent and continuing contact of the child with both parents. When awarding custody to either parent, the court:
4. In any action, there shall be neither a legal preference or a presumption for or against private or public school or home-schooling in awarding the custody of a child, or in appointing a general guardian for the child.
5. Notwithstanding any custody determination made pursuant to the Oklahoma Children’s Code, when a parent of a child is required to be separated from a child due to military service, the court shall not enter a final order modifying an existing custody order until such time as the parent has completed the term of duty requiring separation. For purposes of this paragraph:
6. In making an order for custody, the court shall require compliance with Section 112.3 of this title.
D. 1. Except for good cause shown, a pattern of failure to allow court-ordered visitation may be determined to be contrary to the best interests of the child and as such may be grounds for modification of the child custody order.
2. For any action brought pursuant to the provisions of this section which the court determines to be contrary to the best interests of the child, the prevailing party shall be entitled to recover court costs, attorney fees and any other reasonable costs and expenses incurred with the action.
E. Except as otherwise provided by Section 112.1A of this title, any child shall be entitled to support by the parents until the child reaches eighteen (18) years of age. If a child is regularly enrolled in and attending high school, as set forth in Section 11-103.6 of Title 70 of the Oklahoma Statutes, other means of high school education, or an alternative high school education program as a full-time student, the child shall be entitled to support by the parents until the child graduates from high school or until the age of twenty (20) years, whichever occurs first. Full-time attendance shall include regularly scheduled breaks from the school year. No hearing or further order is required to extend support pursuant to this subsection after the child reaches the age of eighteen (18) years.
F. In any case in which provision is made for the custody or support of a minor child or enforcement of such order and before hearing the matter or signing any orders, the court shall inquire whether public assistance money or medical support has been provided by the Department of Human Services, hereafter referred to as the Department, for the benefit of each child. If public assistance money, medical support, or child support services under the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes have been provided for the benefit of the child, the Department shall be a necessary party for the adjudication of the debt due to the State of Oklahoma, as defined in Section 238 of Title 56 of the Oklahoma Statutes, and for the adjudication of paternity, child support, and medical insurance coverage for the minor children in accordance with federal regulations. When an action is filed, the petitioner shall give the Department notice of the action according to Section 2004 of Title 12 of the Oklahoma Statutes. The Department shall not be required to intervene in the action to have standing to appear and participate in the action. When the Department is a necessary party to the action, any orders concerning paternity, child support, medical support, or the debt due to the State of Oklahoma shall be approved and signed by the Department.
G. In any case in which a child support order or custody order or both is entered, enforced or modified, the court may make a determination of the arrearages of child support.
R.L. 1910, § 4968. Amended by Laws 1955, p. 142, § 1; Laws 1968, c. 226, § 1; Laws 1969, c. 334, § 1, emerg. eff. May 8, 1969; Laws 1973, c. 188, § 1; Laws 1974, c. 101, § 1, emerg. eff. April 30, 1974; Laws 1979, c. 93, § 1, eff. Oct. 1, 1979; Laws 1985, c. 297, § 16, operative Oct. 1, 1985; Laws 1987, c. 230, § 14, eff. Oct. 1, 1987. Renumbered from § 1277 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1990, c. 171, § 2, operative July 1, 1990; Laws 1990, c. 309, § 11, eff. Sept. 1, 1990; Laws 1993, c. 307, § 1, emerg. eff. June 7, 1993; Laws 1994, c. 356, § 12, eff. Sept. 1, 1994; Laws 1996, c. 131, § 10, eff. Jan. 1, 1997; Laws 1997, c. 403, § 10, eff. Nov. 1, 1997; Laws 1998, c. 5, § 13, emerg. eff. March 4, 1998; Laws 1998, c. 323, § 7, eff. Oct. 1, 1998; Laws 1999, c. 301, § 2, eff. Nov. 1, 1999; Laws 2000, c. 384, § 5, eff. Nov. 1, 2000; Laws 2002, c. 400, § 7, eff. Nov. 1, 2002; Laws 2003, c. 3, § 22, emerg. eff. March 19, 2003; Laws 2006, c. 127, § 1, eff. Nov. 1, 2006; Laws 2007, c. 1, § 23, emerg. eff. Feb. 22, 2007; Laws 2007, c. 34, § 1, emerg. eff. April 18, 2007; Laws 2009, c. 234, § 137, emerg. eff. May 21, 2009; Laws 2010, c. 358, § 10, emerg. eff. June 7, 2010; Laws 2011, c. 354, § 1, emerg. eff. May 26, 2011.
NOTE: Laws 1997, c. 402, § 10 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998. Laws 2002, c. 314, § 2 repealed by Laws 2003, c. 3, § 23, emerg. eff. March 19, 2003. Laws 2002, c. 445, § 18 repealed by Laws 2003, c. 3, § 24, emerg. eff. March 19, 2003. Laws 2006, c. 74, § 1 repealed by Laws 2007, c. 1, § 24, emerg. eff. Feb. 22, 2007.
Structure Oklahoma Statutes
§43-3.1. Recognition of marriage between persons of same gender prohibited.
§43-5. Application - Fees - Issuance of license and certificate.
§43-5.1. Premarital counseling.
§43-7. Solemnization of marriages.
§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.
§43-102. 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.
§43-107.2. Actions where minor child involved - Court-ordered educational program.
§43-107.4. Motion for an emergency custody hearing.
§43-108. Parties in equal wrong - Custody of children - Disposition of property.
§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.
§43-110. 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.
§43-111.1A. Standard visitation schedule – Advisory guidelines.
§43-111.2. Civil action for child stealing.
§43-112. Care and custody of children.
§43-112.1A. Definitions - Child support - Parental rights and duties – Actions and jurisdiction.
§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.
§43-112.6. 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.
§43-118C. Deductions from gross income for qualified other children.
§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.
§43-120.4. Report of decision.
§43-120.5. Fees - Appointment.
§43-120.7. Court expert - Procedures.
§43-121. Restoration of maiden or former name - Alimony - Division of property.
§43-123. Remarriage and cohabitation - Appeal from judgment.
§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.
§43-131. Residency in divorce cases.
§43-133. Setting aside of divorce decrees upon petition of parties.
§43-135. Lien for arrearage in child support payments.
§43-139. Legal right to child support.
§43-140. Problem-solving court program - Participation by obligors of state child support plan.
§43-150. Deployed Parents Custody and Visitation Act.
§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.
§43-150.6. 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.
§43-205. 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.
§43-413. Payment of support through registry.
§43-421. Authorization of public or private agencies to provide registry - Maximum fee.
§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.
§43-551-103. 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.
§43-551-108. 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.
§43-551-302. Enforcement under Hague Convention.
§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.
§43-551-315. 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.
§43-601-103. 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
§43-601-301. 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.
§43-601-310. Duties of state information agency.
§43-601-311. Petition - Contents and accompanying documents
§43-601-312. Sealing of information.
§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.
§43-601-401. 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
§43-601-609. 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.
§43-601-616. Registration of foreign child support orders - Petition for modification.
§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
§43-601-706. 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.