Updated September 25, 2023
An Oklahoma custody agreement, or parenting plan, is a legally binding agreement that establishes a child’s living arrangements, medical and dental care, and school placement. It also determines the parents’ child support obligations and visitation rights. Parents can file for custody jointly or separately.
Child Custody Factors
The Oklahoma family court makes custody decisions based on the child’s best interest. To determine what the child’s best interests are, the court considers the following factors:
- Each parent’s ability to provide the child’s material needs;
- Each parent’s ability to respect the other parent’s relationship with the child;
- Each parent’s wishes;
- Each parent’s ability to spend time with the child;
- History or presence of child or spousal abuse by either parent;
- The child’s relationship with each parent;
- The child’s relationship with their school and other social communities;
- The child’s relationships with other family and household members (siblings, grandparents, etc.);
- The child’s wishes;
- The existence of siblings; and
- The mental and physical health of all parties involved.
Statute: 43 § 109
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How to File for Custody in Oklahoma
Filing for custody in Oklahoma differs slightly for married and unmarried parents:
For married parents, the court settles custody in the couple’s divorce decree. Both parents are presumed to have equal joint custody of a child if no custody order exists in the divorce decree.
For unmarried parents, the court determines contested custody in a paternity case. The mother receives default custody until the father files a paternity case.
1. Agree on a Parenting Plan
Parents should first try to reach an agreement on the terms of custody and outline them in a parenting plan. Terms that should be addressed include visitation, parenting time, parental rights, childcare responsibilities, and more.
If parents file together, they can submit a joint plan they have already agreed upon. If parents file separately, they can each offer proposed parenting plans for the court to consider against each other.
2. Calculate Child Support
To estimate the non-custodial parent’s child support obligations, use the state’s child support computation form. Once signed by the judge, the child support order becomes binding.
3. File Required Documents
For married parents, they should file a Petition for Divorce and additional forms required to open a divorce case.
For unmarried parents that agree on paternity status,[1] they must file an Acknowledgment of Paternity and Petition for Determination of Custody and Visitation (if legal paternity is already established).[2] If they disagree on paternity, the father must file a Petition to Determine Paternity, Custody, Support, and Visitation.
4. Attend Educational Parenting Program
The parents may be required to attend an educational program concerning the impact of divorce on children. Fees range between $10 and $60. The program must be completed prior to the temporary order or within 45 days of receiving a temporary order.[3]
Custody Laws
- Arbitration: § 109(H)
- Child’s preference: § 113
- Domestic abuse, stalking, harassment: § 109.3
- Emergency custody: § 107.4, § 551-204
- Equal access to minor children: § 110.1
- Grandparent visitation: § 109.4
- Modifying a custody agreement: §112
- Oklahoma Child Supervised Visitation Program: §110.1a
- Perpetrators of domestic violence: § 109(I)
- Records: § 109.6
- Visitation: § 111.1
- Uniform Child Custody Act: §§ 551-101 – 551-402
Related Forms
