eLaws | eCases | Oklahoma Administrative Code | Oklahoma Courts | Counties & Cities of Oklahoma | United States Code |
 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 43. MARRIAGE AND FAMILY

  § 43-112.5. Custody or guardianship - Order of preference - Death of custodial parent - Preference of child - Evidence of domestic abuse - Registered sex offenders.  

Latest version.

  • A.  Custody or guardianship of a child may be awarded to:

    1.  A parent or to both parents jointly;

    2.  A grandparent;

    3.  A person who was indicated by the wishes of a deceased parent;

    4.  A relative of either parent;

    5.  The person in whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent; or

    6.  Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

    B.  In applying subsection A of this section, a court shall award custody or guardianship of a child to a parent, unless a nonparent proves by clear and convincing evidence that:

    1.  For a period of at least twelve (12) months out of the last fourteen (14) months immediately preceding the commencement of the custody or guardianship proceeding, the parent has willfully failed, refused, or neglected to contribute to the support of the child:

    a.in substantial compliance with a support provision or an order entered by a court of competent jurisdiction adjudicating the duty, amount, and manner of support, or

    b.according to the financial ability of the parent to contribute to the support of the child if no provision for support is entered by a court of competent jurisdiction, or an order of modification subsequent thereto.

    For purposes of this paragraph, incidental or token financial contributions shall not be considered in establishing whether a parent has satisfied his or her obligation under subparagraphs a and b of this paragraph; or

    2.   a.   the child has been left in the physical custody of a nonparent by a parent or parents of the child for one (1) year or more, excluding parents on active duty in the military, and

    b.the parent or parents have not maintained regular visitation or communication with the child.

    For purposes of this paragraph, incidental or token visits or communications shall not be considered in determining whether a parent or parents have regularly maintained visitation or communication.

    C.  In applying subsection A of this section, a court shall award custody or guardianship of a child to a parent, unless the court finds that the parent is affirmatively unfit. There shall be a rebuttable presumption that a parent is affirmatively unfit if the parent:

    1.  Is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state;

    2.  Has been convicted of a crime listed 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 Oklahoma 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; or

    7.  Is residing with a person who has been convicted of domestic abuse within the past five (5) years.

    D.  Subject to subsection E of this section, a custody determination made in accordance with subsections B and C of this section shall not be modified unless the person seeking the modification proves that:

    1.  Since the making of the order sought to be modified, there has been a permanent, material, and substantial change of conditions that directly affects the best interests of the child; and

    2.  That as a result of such change of circumstances, the child would be substantially better off with regard to its temporal, mental, and moral welfare if custody were modified.

    E.  If the custody determination made in accordance with subsections B and C indicates that custody is temporary, the determination may be modified upon a showing that the conditions which led to the custody or guardianship determination no longer exist.

Added by Laws 1983, c. 269, § 2, operative July 1, 1983.  Amended by Laws 1988, c. 238, § 5, emerg. eff. June 24, 1988; Laws 1991, c. 113, § 1, eff. Sept. 1, 1991; Laws 1997, c. 386, § 1, emerg. eff. June 10, 1997; Laws 2001, c. 141, § 1, emerg. eff. April 30, 2001; Laws 2002, c. 445, § 1, eff. Nov. 1, 2002; Laws 2003, c. 3, § 3, emerg. eff. March 19, 2003; Laws 2004, c. 415, § 2, emerg. eff. June 4, 2004; Laws 2007, c. 94, § 1, eff. Nov. 1, 2007; Laws 2009, c. 233, § 2, emerg. eff. May 21, 2009.  Renumbered from § 21.1 of Title 10 by Laws 2009, c. 233, § 204, emerg. eff. May 21, 2009.

Note

NOTE:  Editorially renumbered from § 112.4 of this title to avoid duplication in numbering.

NOTE:  Laws 2002, c. 413, § 1 repealed by Laws 2003, c. 3, § 4, emerg. eff. March 19, 2003.