Oklahoma § 43-110.1 - Shared parenting - Policy
Full text of Oklahoma Oklahoma Statutes § 43-110.1 — Shared parenting - Policy, with citation guidance and answers to common questions.
§ 43-110.1. Shared parenting - Policy
It is the policy of this state to assure that minor children
have frequent and continuing contact with parents who have shown the
ability to act in the best interests of their children and to
encourage parents to share in the rights and responsibilities of
rearing their children after the parents have separated or dissolved
their marriage. The court may consider evidence of the ability of
the parents to cooperate on issues related to their minor children,
as well as evidence of domestic violence, stalking, or harassment as
defined in Section 109 of this title. To effectuate this policy, if
requested by a parent, the court may provide substantially equal
access to the minor children to both parents at a temporary order or
final hearing, unless the court finds that shared parenting would be
detrimental to the child. The court shall issue findings of fact
and conclusions of law to support its decision after a final hearing
on the merits.
Added by Laws 1999, c. 301, § 3, eff. Nov. 1, 1999. Amended by Laws
2001, c. 61, § 1, eff. Nov. 1, 2001; Laws 2009, c. 307, § 2, eff.
Nov. 1, 2009; Laws 2021, c. 445, § 1, eff. Nov. 1, 2021.
§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy –
Definitions.
A. This section shall be known and may be cited as the
“Oklahoma Child Supervised Visitation Program”.
Oklahoma Statutes - Title 43. Marriage and Family
B. It is the policy of this state to ensure that the health,
safety, and welfare of the child is paramount when supervised
visitation is ordered by the court.
C. For purposes of the Oklahoma Child Supervised Visitation
Program:
1. “Supervised visitation” means the court-ordered contact
between a noncustodial parent and one or more children of such
parent in the presence of a third-party person who is responsible
for observing and overseeing the visitation in order to provide for
the safety of the child and any other parties during the visitation.
The court may require supervised visitation when deemed necessary by
the court to protect the child or other parties;
2. An “alcohol-dependent person” has the same meaning as such
term is defined in Section 3-403 of Title 43A of the Oklahoma
Statutes;
3. A “drug-dependent person” has the same meaning as such term
is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
and
4. “Domestic abuse” has the same meaning as such term is
defined in Section 60.1 of Title 22 of the Oklahoma Statutes.
D. 1. The associate district judge in each county within this
state may select trained volunteers to provide supervised visitation
pursuant to the Oklahoma Child Supervised Visitation Program.
2. The associate district judge of each county may appoint a
judicial district supervised visitation team to:
a.
identify public and private entities which will be
willing to provide location sites for purposes of the
Oklahoma Child Supervised Visitation Program,
b.
identify individuals who will be willing to serve as
third-party persons to observe and oversee courtordered supervised visitations,
c.
establish training requirements for volunteers,
d.
identify programs which may be available for the
training of the volunteers including, but not limited
to, the Department of Human Services, Office of the
Attorney General, child advocacy centers, domestic
violence groups, and the Department of Mental Health
and Substance Abuse Services,
e.
develop written protocol for handling supervised
visitations so as to provide safety of the child and
other parties during the supervised visitation,
f.
develop application forms for volunteers applying for
the Oklahoma Child Supervised Visitation Program.
Information listed on the form shall include, but not
be limited to:
(1) name, address and phone number of the volunteer,
Oklahoma Statutes - Title 43. Marriage and Family
(2)
place of employment and phone number of the
volunteer,
(3) areas of expertise,
(4) listing of professional training in areas
including, but not limited to, child abuse,
domestic abuse, alcohol or drug abuse, mental
illness or conflict management,
(5) consent form specifying release of information,
and
(6) professional references, and
g.
identify which information of the parties and the
child will be confidential and which may be available
to others.
3. From recommendations of the team established pursuant to
this subsection, the associate district judge in each county within
this state may authorize one or more public or private agencies to
provide location sites for the Oklahoma Child Supervised Visitation
Program. A district judge may require either party requesting
supervised visitation of a child to identify a trained third-party
volunteer to observe and oversee the visitation. A district court
shall not:
a.
require any state agency location or state employee to
observe and oversee any supervised visitation, or
b.
appoint a third party to observe and oversee a
supervised visitation who has not received the
training as specified by the judicial district
supervised visitation team unless agreed to by the
parties.
4. A participating public or private agency location site may
charge a fee for each visit.
E. Prior to approval of any third-party volunteer to observe
and oversee visitation under this section, the court shall make a
written determination of the fitness of the volunteer by reviewing
information including but not limited to:
1. A national criminal history record check conducted by the
Oklahoma State Bureau of Investigation within one (1) year prior to
the appointment of the volunteer;
2. A sworn affidavit from the volunteer accepting the rules of
supervision and whether the volunteer:
a.
is an alcohol- or drug-dependent person,
b.
is residing with a person who is required by law to
register pursuant to the Sex Offenders Registration
Act of this state or any other state,
c.
is residing with a person who has been convicted of
domestic abuse within the past five (5) years, or
d.
has had custody, guardianship, or visitation rights
terminated to any child; and
Oklahoma Statutes - Title 43. Marriage and Family
3. Any testimony by the potential volunteer or other witness
testimony deemed necessary by the court to determine the fitness of
the volunteer.
F. The protocol for supervised visitation established by each
judicial district supervised visitation team shall require that:
1. The volunteer supervising the visitation shall be able to
see and hear all interactions between the supervised parent and the
child; and
2. If the court determines that the supervised parent has
exhibited suicidal or violent behavior, all supervised visitation
shall occur within a professional setting unless and until the
supervised parent has submitted a non-self-reporting psychological
evaluation to the court.
G. The protocol for supervised visitation established by each
judicial district supervised visitation team may require that:
1. The location site require each participant who has courtordered supervised visitation for a child and who is participating
in the supervised visitation program to sign a time log upon arrival
and departure. The agency location site must have an employee
assigned to verify identification of each participant, initial each
signature, and record the time of arrival and departure of each
person; and
2. The agency location site also contain information on each
client case including but not limited to:
a.
a copy of the court order requiring supervised
visitation, and
b.
name of individuals authorized to pick up or deliver a
child to the agency location site for supervised
visitation.
H. Each judicial district supervised visitation team may
include but not be limited to:
1. Mental health professionals;
2. Police officers or other law enforcement agents;
3. Medical personnel;
4. Child protective services workers;
5. Child advocacy individuals; and
6. The district attorney or designee.
I. An associate district judge of a county, the judicial
district supervised visitation team created pursuant to this section
and the Administrative Office of the Courts may develop an
informational brochure outlining the provisions of the Oklahoma
Child Supervised Visitation Program and procedures to be used by
volunteers in that judicial district. The brochure may be
distributed through the municipal and district court, social service
agency centers, county health departments, hospitals, crisis or
counseling centers, and community action agencies.
Oklahoma Statutes - Title 43. Marriage and Family
J. Except for acts of dishonesty, willful criminal acts, or
gross negligence, no member of the judicial district supervised
visitation team or volunteer shall be charged personally with any
liability whatsoever by reason of any act or omission committed or
suffered in the performance of the duties pursuant to the provisions
of this section.
K. The provisions of this section shall not apply to cases
subject to the Oklahoma Children’s Code and the Oklahoma Juvenile
Code.
Added by Laws 2004, c. 415, § 5, eff. Dec. 15, 2004. Amended by
Laws 2017, c. 230, § 1, eff. Nov. 1, 2017; Laws 2024, c. 34, § 1,
eff. Nov. 1, 2024.
Frequently Asked Questions About Oklahoma § 43-110.1
What does Oklahoma Statutes § 43-110.1 cover?
Section 43-110.1 ("Shared parenting - Policy") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 43-110.1?
A common citation format is "Oklahoma Statutes § 43-110.1" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 43-110.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.