Oklahoma § 43-112 - Care and custody of children

§ 43-112. Care and custody of children

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:

Oklahoma Statutes - Title 43. Marriage and Family

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:

a.

assure children of frequent and continuing contact

with both parents after the parents have separated or

dissolved their marriage, and

b.

encourage parents to share the rights and

responsibilities of child rearing in order to effect

this policy.

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:

a.

shall consider, among other facts, which parent is

more likely to allow the child or children frequent

and continuing contact with the noncustodial parent,

and

b.

shall not prefer a parent as a custodian of the child

because of the gender of that parent.

Oklahoma Statutes - Title 43. Marriage and Family

4. In any action, there shall be neither a legal preference or

a presumption for or against private or public school or homeschooling 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:

a. in the case of a parent who is a member of the Army,

Navy, Air Force, Marine Corps or Coast Guard, the term

“military service” means a combat deployment,

contingency operation, or natural disaster requiring

the use of orders that do not permit any family member

to accompany the member,

b. in the case of a parent who is a member of the

National Guard, the term “military service” means

service under a call to active service authorized by

the President of the United States or the Secretary of

Defense for a period of more than thirty (30)

consecutive days under 32 U.S.C. 502(f) for purposes

of responding to a national emergency declared by the

President and supported by federal funds. “Military

service” shall include any period during which a

member is absent from duty on account of sickness,

wounds, leave or other lawful cause, and

c. the court may enter a temporary custody or visitation

order pursuant to the requirements of the Deployed

Parents Custody and Visitation Act.

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

Oklahoma Statutes - Title 43. Marriage and Family

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. Fulltime 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.

Oklahoma Statutes - Title 43. Marriage and Family

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.

§43-112.1A. Definitions - Child support - Parental rights and

duties – Actions and jurisdiction.

A. In this section:

1. “Adult child” means a child eighteen (18) years of age or

older.

2. “Child” means a son or daughter of any age.

B. 1. The court may order either or both parents to provide

for the support of a child for an indefinite period and may

determine the rights and duties of the parents if the court finds

that:

a.

the child, whether institutionalized or not, requires

substantial care and personal supervision because of a

mental or physical disability and will not be capable

of self-support, and

b.

the disability exists, or the cause of the disability

is known to exist, on or before the eighteenth

birthday of the child.

2. A court that orders support under this section shall

designate a parent of the child or another person having physical

custody or guardianship of the child under a court order to receive

the support for the child. The court may designate a child who is

eighteen (18) years of age or older to receive the support directly.

C. 1. A suit provided by this section may be filed only by:

a.

a parent of the child or another person having

physical custody or guardianship of the child under a

court order, or

b.

the child if the child:

(1) is eighteen (18) years of age or older,

(2) does not have a mental disability, and

(3) is determined by the court to be capable of

managing the child’s financial affairs.

2. The parent, the child, if the child is eighteen (18) years

of age or older, or other person may not transfer or assign the

cause of action to any person, including a governmental or private

Oklahoma Statutes - Title 43. Marriage and Family

entity or agency, except for an assignment made to the Title IV-D

agency.

D. 1. A suit under this section may be filed:

a.

regardless of the age of the child, and

b.

as an independent cause of action or joined with any

other claim or remedy provided by this title.

2. If no court has continuing, exclusive jurisdiction of the

child, an action under this section may be filed as an original

suit.

3. If there is a court of continuing, exclusive jurisdiction,

an action under this section may be filed as a suit for modification

pursuant to Section 115 of this title.

E. In determining the amount of support to be paid after a

child’s eighteenth birthday, the specific terms and conditions of

that support, and the rights and duties of both parents with respect

to the support of the child, the court shall determine and give

special consideration to:

1. Any existing or future needs of the adult child directly

related to the adult child’s mental or physical disability and the

substantial care and personal supervision directly required by or

related to that disability;

2. Whether the parent pays for or will pay for the care or

supervision of the adult child or provides or will provide

substantial care or personal supervision of the adult child;

3. The financial resources available to both parents for the

support, care, and supervision of the adult child; and

4. Any other financial resources or other resources or programs

available for the support, care, and supervision of the adult child.

F. An order provided by this section may contain provisions

governing the rights and duties of both parents with respect to the

support of the child and may be modified or enforced in the same

manner as any other order provided by this title.

Added by Laws 2001, c. 407, § 5, eff. July 1, 2001.