Oklahoma
Child Custody Law

Oklahoma Child Custody Guide :: Table of Contents

What Is Child Custody?
Child Custody Factors Table
Oklahoma Child Custody Law Summary
How Child Custody Is Decided In Oklahoma
Oklahoma Child Custody Law Text

Child Custody General Information - What Is Child Custody?

Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent.

Child custody cases in Oklahoma can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things:

Where the child lives (physical custody)
Who is involved in making parenting decisions (legal custody)
How the visitation schedule with non-custodial parents or relatives is arranged

This page describes how a contested child custody case is handled in the Oklahoma court system, and what factors are used to determine which parent gets custody.

Oklahoma Custody Court Considerations Table

Statutory Factors
Childs Wishes
Joint Custody Authorized
Favor Joint Custody
Cooperative Parent
Domestic Violence
Attorney or Guardian Ad Litem For Child

Oklahoma Child Custody Law Summary

After a breakup or divorce in Oklahoma, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support.

Some of the factors considered by Oklahoma in child custody cases include the child's wishes, willingness of the parent to cooperate with their partner and any history of domestic violence.

How is Information Disclosed in Terms of Correctional Facilities being Involved in the Case?

However, the patient is not entitled to the following information: Information compiled in anticipation of a civil or criminal proceeding or administrative action Information that is otherwise privileged Information that the person charged with the patient’s treatment determines to be “reasonably likely to endanger the life or physical safety of the patient or another person” Information obtained during research if the patient consented to temporary suspension of access while certain research is ongoing Information requested by an inmate that a correctional institution perceives as a safety risk Otherwise confidential information, the disclosure of which would result identify the source A valid release for disclosure must have the following information, and is not valid if expired, revoked, or material information included within is known to be false: The name of the program or person permitted to disclose the information The name of the entity or person intended to receive the disclosed information The name of the patient to whom the record pertains The purpose of the disclosure A description of the information to be disclosed A dated signature of the patient, or the patient’s authorized representative; if signed by a representative, a description of the person’s authority to act must be included.

Oklahoma Child Custody Factors - How Is Child Custody Decided In Oklahoma?

If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. If child custody is disputed, however, they will have to receive a child custody order from a Oklahoma judge, who will attempt to make a custody decision that is in the "best interests of the child".

In the state of Oklahoma, a number of factors are taken into account by the courts when determining who gets child custody. This section describes Oklahoma's custody factors, considerations, and presumptions when evaluating a custody order.

Is there a set list of statutory factors for calculating child custody in the state of Oklahoma?

Oklahoma does not have a defined list of factors for the court to consider when determing a custody order. This means that judges have significant flexibility on a case-by-case basis when determining a custody arrangement between two parents.

Do judges in the state of Oklahoma favor joint custody?

Judges in Oklahoma are authorized to order either joint or single-parent custody of a child subject to a custody dispute.

Courts in Oklahoma do not have a presumption in favor joint custody orders when evaluating child custody. The judge will evaluate the specifics of the custody dispute to determine what custody arrangement is in the best interests of the child.

Do Oklahoma courts encourage parents to cooperate together to raise the child?

Oklahoma courts favor awarding custody to a cooperative parent who is willing to work together with the other parent regarding child visitation, scheduling, child support, and other co-parenting matters. Oklahoma law favors co-parenting as being in the best interests of the child, and the courts will favor a parent willing to cooperate over a parent who attempts to alienate their child from the other parent.

Are the child's wishes considered when determining custody in the state of Oklahoma?

In Oklahoma, the court does consider the child's reasonable wishes when determining which parent wins custody. The judge may take the child's age, maturity, and judgement into consideration when considering the child's custody preference.

Do Oklahoma courts consider domestic violence when determining custody?

Oklahoma has laws that explicitly permit the consideration of domestic violence in conjunction with child custody. This may mean that domestic violence is a statutory factor in custody determinations, that the court has a presumption against custody for abusers, or that special procedural considerations are imposed in cases involving domestic violence.

Do the courts in the state of Oklahoma have the right to hire an attorney or Guardian Ad Litem to represent the child?

Oklahoma has statutory authority for appointment of a guardian ad litem or attorney specifically to represent the child in a custody case. This person advocates for the best interest of the child, and is tasked with investigating the family situation and advising the court what custody situation would be in the best interests of the child.

| State Law Official Text

Section(s):
O KLA . STAT. TIT. 43 § 109 O KLA . STAT. TIT. 43 § 112

Confidential and privileged information—DisclosureSubstance abuse treatment records are confidential and privileged to the patient, and may only be disclosed according to the statute; all disclosures must be limited to the minimum amount necessary. Mental health and substance abuse treatment records are governed by the same statute, though the protections for the respective types of records do not mirror each other.Disclosure With Consent

A patient may sign a release for disclosure of information relating to their substance abuse treatment. However, the patient is not entitled to the following information: Information compiled in anticipation of a civil or criminal proceeding or administrative action Information that is otherwise privileged Information that the person charged with the patient’s treatment determines to be “reasonably likely to endanger the life or physical safety of the patient or another person”

Information obtained during research if the patient consented to temporary suspension of access while certain research is ongoing Information requested by an inmate that a correctional institution perceives as a safety risk

Otherwise confidential information, the disclosure of which would result identify the sourceA valid release for disclosure must have the following information, and is not valid if expired, revoked, or material information included within is known to be false:

The name of the program or person permitted to disclose the information

The name of the entity or person intended to receive the disclosed information

The name of the patient to whom the record pertains The purpose of the disclosure

A description of the information to be disclosed

A dated signature of the patient, or the patient’s authorized representative; if signed by a representative, a description of the person’s authority to act must be included.

A statement regarding the patient’s right to revoke the release in writing

Expiration dateA patient may revoke a release in writing unless: Information has already been disclosed pursuant to the release

An insurer is contesting a claim, and the authorization was obtained for purposes of insurance coverage

“the release was executed as part of a criminal justice referral”An executor, administrator, or personal representative may sign a written release for disclosure of information pertaining to a deceased client.Disclosure Without ConsentConfidential information may be disclosed to law enforcement in connection with a crime or threatened crime on the premises of the facility or against facility staff; however, under these circumstances, the disclosure must be limited. Confidential information may be disclosed for “[a] review preparatory to research, research on decedents information or research conducted when a waiver of authorization has been approved by either an institutional review board or privacy board.” Confidential information may be disclosed to pursuant to a “business associate agreement, qualified organization agreement, or a qualified service organization/business association agreement,” provided that the requirements of Part 2 are observed.Confidential substance abuse treatment information may be disclosed to medical personnel in a situation requiring immediate medical intervention. Confidential information may also be disclosed for purposes of obtaining payment for services if a facility director determines that a patient cannot act effectively on his or her own behalf. Disclosure Pursuant to Court OrderTreatment information regarding a deceased patient may be disclosed pursuant to a court order. The statute further provides that treatment information may not be disclosed unless permitted by the statute or ordered by a court, though the statute does not elaborate on disclosure pursuant to court order.