Child Custody Laws in Oklahoma

Custody is decided by the best interests of the child's physical, mental and moral welfare. The court may award custody to either parent or to both jointly; parents requesting joint custody must file a parenting plan. There is no legal preference or presumption for or against joint legal custody, joint physical custody or sole custody. If the court finds child abuse, domestic violence, stalking or harassment, there is a rebuttable presumption that custody with the perpetrator is not in the child's best interest. A child may express a preference if the court finds that is in the child's best interest, and a child 12 or older is presumed (rebuttably) old enough to form an intelligent preference; the court is not bound by the child's choice.

In a case about custody or visitation, a parent can file a motion for an emergency custody hearing. The motion must include an independent report if available, such as a police report or a Department of Human Services report, showing the child is in surroundings that endanger the child's safety and would likely cause irreparable harm if they continue. If there is no such report, a notarized affidavit from someone with personal knowledge must be attached. The court has 72 hours after receiving the motion to hold a hearing; if it does not, the motion can be taken to the presiding judge of the judicial district, who must hold the hearing within 24 hours. If information the court relied on turns out to be false, the person who filed must pay all costs and attorney fees, and failure to pay within 30 days can be punished as contempt.

In divorce, separate maintenance, paternity, custody and visitation cases involving a child under 18, the court may require the adults to attend a parenting education program. In incompatibility divorces filed on or after November 1, 2014 with a child under 18, attendance is required; the program fee is $10 to $60, it must be completed before the temporary order or within 45 days after, and custody cannot be finally decided until it is completed. The court may waive attendance for good cause, including domestic violence, stalking or harassment.