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

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

A. In every case involving the custody of, guardianship of or

visitation with a child, the court shall consider for determining

the custody of, guardianship of or the visitation with a child

whether any person seeking custody or who has custody of,

guardianship of or visitation with a child:

1. Is or has been subject to the registration requirements of

the Sex Offenders Registration Act or any similar act in any other

state;

2. Has been convicted of a crime listed in the Oklahoma Child

Abuse Reporting and Prevention Act or in Section 582 of Title 57 of

the Oklahoma Statutes;

Oklahoma Statutes - Title 43. Marriage and Family

3. Is an alcohol-dependent person or a drug-dependent person as

established by clear and convincing evidence and who can be expected

in the near future to inflict or attempt to inflict serious bodily

harm to himself or herself or another person as a result of such

dependency;

4. Has been convicted of domestic abuse within the past five

(5) years;

5. Is residing with an individual who is or has been subject to

the registration requirements of the Sex Offenders Registration Act

or any similar act in any other state;

6. Is residing with a person who has been convicted of a crime

listed in the Oklahoma Child Abuse Reporting and Prevention Act or

in Section 582 of Title 57 of the Oklahoma Statutes;

7. Is residing with a person who has been convicted of domestic

abuse within the past five (5) years; or

8. Has had custody, guardianship, or visitation rights

terminated due to failure to complete or participate in any courtordered substance abuse or mental health treatment.

B. There shall be a rebuttable presumption that it is not in

the best interests of the child to have custody or guardianship

granted to a person who:

1. Is subject to or has been subject to the registration

requirements of the Sex Offenders Registration Act or any similar

act in any other state;

2. Has been convicted of a crime listed in the Oklahoma Child

Abuse Reporting and Prevention Act or in Section 582 of Title 57 of

the Oklahoma Statutes;

3. Is an alcohol-dependent person or a drug-dependent person as

established by clear and convincing evidence and who can be expected

in the near future to inflict or attempt to inflict serious bodily

harm to himself or herself or another person as a result of such

dependency;

4. Has been convicted of domestic abuse within the past five

(5) years;

5. Is residing with a person who is or has been subject to the

registration requirements of the Sex Offenders Registration Act or

any similar act in any other state;

6. Is residing with a person who has been convicted of a crime

listed in the Oklahoma Child Abuse Reporting and Prevention Act or

in Section 582 of Title 57 of the Oklahoma Statutes;

7. Is residing with a person convicted of domestic abuse within

the past five (5) years; or

8. Has had custody, guardianship, or visitation rights

terminated due to failure to complete or participate in any courtordered substance abuse or mental health treatment.

C. Custody of, guardianship of, or visitation with a child

shall not be granted to any person if it is established that the

Oklahoma Statutes - Title 43. Marriage and Family

custody, guardianship or visitation will likely expose the child to

a foreseeable risk of material harm.

D. Except as otherwise provided by the Oklahoma Child

Supervised Visitation Program, court-ordered supervised visitation

shall be governed by the Oklahoma Child Supervised Visitation

Program.

E. For purposes of this section:

1. “Alcohol-dependent person” has the same meaning as such term

is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

2. “Domestic abuse” has the same meaning as such term is

defined in Section 60.1 of Title 22 of the Oklahoma Statutes;

3. “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. “Supervised visitation” means a program established pursuant

to Section 110.1a of this title.

Added by Laws 1991, c. 113, § 2, eff. Sept. 1, 1991. Amended by

Laws 2002, c. 445, § 19, eff. Nov. 1, 2002; Laws 2003, c. 3, § 25,

emerg. eff. March 19, 2003; Laws 2004, c. 415, § 4, emerg. eff. June

4, 2004; Laws 2024, c. 34, § 2, eff. Nov. 1, 2024.

NOTE: Laws 2002, c. 413, § 3 repealed by Laws 2003, c. 3, § 26,

emerg. eff. March 19, 2003.

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

A parent entitled to the custody of a child has a right to

change his residence, subject to the power of the district court to

restrain a removal which would prejudice the rights or welfare of

the child.

R.L. 1910, § 4382. Renumbered from § 19 of Title 10 by Laws 2009,

c. 233, § 202, emerg. eff. May 21, 2009.