!
"#$ % & '(!
)*$+(+(!
,$ -$ $.+/'0 1%$ %$.%+ 1$*/'2
, %3&2
4115,-$ %%%& ,$.5, % ,-,'2
46+'5,$& %5
7, %#$ ' '%"
8$5+ 9-$ $.+%
8.&%5'$%$5+ 9$,$ 9+/(5$&%$ 9-$ $:,5% -$ %
! $%+ ' '& $.5, %
;,$%'& $.$ 54
2< ,/.$%%&$.5, %4
#$1($.,$+%%$ %< ,7
6 5'(.$1.$+ & 50.&5+7
4%,55 $&%$= %%6 5-%7
7$5,- $ ,$&'*$&%$$& %1$*/'7
86& %*+ '.$<$5-$ %8
! >& ,-$ %'<$5-$ %8
; 50.&5%5%$.11%$ %'&+ '%5- '$+5, %%6 5'(8
"2#$+1&'-$ $.-+8
15/(0%"22?,?"?=@ ?"224!
"15/(0%"22?,?"?=@ ?"224!
15/(0%"22?,?"?=@ ?"224!
15/(0%"22?,?"?=@ ?"224!
415/(0%"22?,?"?=@ ?"224!
7%%& ,$.5, %5<('$1%$ $:,- '& '$5, % &'*$'(!
815/(0%"22?,?"?=@ ?"224;
2$& %.$<$,;
2"% ,$.15 -=$. '"2
2A &.$ (,-$ .$<$,? &5+ '$.+$55%1-$ "2
26%$ 5>&%,-$ ,' <$,,-$ %"
2%',',$&'.%"
246--$ %&++$ %""
27%1$ %""
2815/(0%"22"?,22?2?=$<?"22"""
28,-$ %0*+ $,*5 <$5<5( 5$)<#$+15-$ $.
&,-$ 51$+B,1-$ %""
28",-$ %0*+ $,*5 <$5<#$&'$&,-$ 51$+"
2811$ '+ '$.& 5'+.5'$+-$ $,$& %5 -$ %
5%,,&%-$ %$.,*5/&%$ 5,'"4
28$-$ .$ + ,(,&%'$(* "8
2!6-% 3&50$ #&%'$($.,*5 %1$%-$ $.1$1'("!
2;0 ,&%'$($11$ - & @$ ',&%'$(C$+%-,<$5 ,?%'5D ?$
*%%+ 'C#$&',$ %-$ %"!
2;#&%'$(& 1 '%E%1-$
2;"6' '('+ -$
2;#&%'$(?& %*1$<%'-$ ,%%< ,$.$+%-,/&%
2; 1 '5<%'-$ *'%"
2;4A$5& '(5 3&%*+ '$.1*(%,5,&%'$(C6%&+1-$ 8
2;7#' .$+-$ ,$%'$/<5/5'$/$'*,&%'$5 $ ,&%'$5
1 '!
2&'$+-,'+1$( >& ,-$ C+1$($%!
2*1 - 6$5,(
2D5*$+#*5&1<%A%'-$ 6$+C6$5,(C -$ %
2"F5$$?%5<?& $ ($'*'%'%C#*5,&%'$($<%'-$ 7
,',$ '+1'.$%$/ ,$.,' $%5- '$<$,$%1'
+ ' ,,-$ %8
+&+<%'-$ /'0 $ ,&%'$51 ' ,*5C$+%-,<$5 ,$
%'5D C5&'$1(,*5%&11$' .$,+ '$.<%'-$ $8
' <%'-$ %,*&5C<%$(&5 %;
"#<5,-$ .$,*5%'5 4
&'('$.,5''<%'-$ '. ,0'*<%'-$ *'%$. $ ,&%'$51 '
$-$ .$ .$,+ '4
6$',-$ $.,*5.$+,*5/&%$ 5,'$$+%-,<$5 ,/(1 'C
&%1 %$ $.<%'-$ 4
"# ,&%'$($.,*5 4
" -$ %#*5%&11$'6 '5*'% &-%C,-$ % >&%,-$ 48
""< ,$.$ $ $+%-,/&%$,*5/&%'+ -$ %5- '$,$ <,'
%B$= %6%&+1-$ 4;
""6 'E%*''$,* ,*5E%% ,72
"$-,$.1$1$%5$,-$ $,* $.% ,72
"$&'('$+ ' %'1,*5 78
"4#&%'$($& %*1$.1. ,'*$.,&%'$51 '6. ,$.
,*5< ,$.$+%-,/&%%'%B$= %78
"70 $.G$ (.% ,$%'%CA,-+$.$+%-,<$5 ,$%'5D 82
"8$,-$ $.,&%'$(5'(15$(+ '82
"# '5,%%'($ AH,%% ,*5%&11$'$%82
6. ,$.,*5C,$$. '<08
'%'$ ,$&'$1%'&,*5%&11$'1(+ '% 1(+ '%$.%&'+$ %
8"
4.$,*5%&11$'$+$,-$ $.$6$<%$ .$ ,$+%% + '8
7,&'(?/$ $$'*& '.$,*5%&11$'8
8$,-$ ?%&%1 %$ $'+ -$ $.$.$ ,$+%% + '8
!#*5%&11$'&5 %8
!<0$.,*5%&11$'$%%,5$%&$. ,5%''&%84
!"+15$(%1$ %$*5'*,,$<84
!3&%'.$0 'B .$+-$ 88
!%% + '$' %.$.,*5%&11$'/ '%CG$ (.%88
! -$ %88
!F#$+1&'-$ $.$%% ,$++1&' ,$+5.+15$(+ ' ,$+
/ '%$,5,&'('5/ '%8;
!#&,-$ %.$+$%% ,$+.$3&5$'*,*5 !
!#$+1&'-$ $.,*5%&11$'%1, '$.1 '%E,$+/ $%% ,$+
6$%1,-<>&%'+ ' %1$'-$ B1 %%&11$'$%&++(.$+!
!6 - -+>&%'+ '&,-$ ,*5%&11$'$/5-$ !7
!,5%&11$'$.$*5'*,,$<!!
!,'&5 &59,*5,B1 %%;"
!<-$ .$+&5 %,*5%&11$'+$& ';"
!$,-$ $.,*5%&11$'$%;
;#$+1&'-$ $.,*5%&11$'$/5-$ %;7
;%5-<<0$.,*5%&11$'&5 %2"
"2#*5%&11$'.$+%2
"2*$'-'52
"2" -$ %2
D5*$+''&'%'5 +5( 6"
"211$ '+ '$.1 - ,$$ '$C6'(+ 'C&'*$'(- %
6 '5*'%+$<52
"21$'$.,%$ 24
"24%11$ '+ '27
"27I&5,-$ %27
"28#$&'B1'6$,&%27
"%'$-$ $.+ $.$+ +5+$ (<%$ $.1$1'(28
""=,'$.<$,2;
"+ ,$*/'-$ 115.$+>&+ '2;
"F+(.5$ (2
"4A5-$ $.,% &55 +$ - <$,2
"7+0'* %B+$ '*%%$& .$ &5+ '2
"8+0* >&+ '% <$,,-$ %/,$+ 5=,'$.1152
"!<$ ,$.+$. ,$+1' '%
";5+$ (0'*$&'<$,
2< ,
% ,( <$,,%%"
"6-%+('%-.("
J %$.<$,,%&1$ 1--$ $.1-%"
5+$ (1(+ '%% -$ $.%&11$' 1$1'(1(+ '%+ -$ $.
%&11$'#$*/'-$ /(.$+%1$&%$,-$ $.%&11$',-<+5'(1(%1$%/5
-$' +5'(1("
4 .$ ,*5%&11$'1(+ '%4
75 $.5+$ ( %&11$'1(+ '%< ,$.%&11$'1(+ '% ,$+
%% + '.8
86%'&1(+ '%$1'%>&+ '%C#%%-$ $.5 K1$$.(%C
&-$ $.1(+ '8
!,$ $.,$%'% ,*5%&11$' .$,+ ',%%%%%%+ ' %' $ 1<5
1'(!
;5*''$,*5%&11$'!
;<$,-$ ?%&%1 %$ ? $ %%& ,?$ $ 05$.5, %$15,+ '$.$/5$
$ 1$/-$ %+(.$ $ ,$+15 ,0'*%&11$'$;
26$/5+%$5< ,$&'1$+6-,1-$ /($/5$%$.%'',*5%&11$'15 "
4215$(6 '%#&%'$( A%'-$ ,'"
42 -$ %"4
42"#&%'$5%1$ %/5'(C@&%,-$ % ,("7
4215$(1 'B,%$.<%- *'%/('*1'("7
4215$(+ '$%#$1('$ $ 15$( 1 '"7
424B1'* "8
427+1$(,&%'$($%15$( 1 '1<5"8
4286+%%/5,$&'$%"!
42!#$&'$<%'-$ 11 ,'* /&G/51%&+1-$ %";
42;$-,-$ $.,$+15-$ $.15$(+ '2
422F.'*6 5-%2
"2&'&5$/5-$ %2
"2"&'('$%&11$'2
"21'1$1'(2
"2#$ ','%
"245-$ %, $'/5'/(,$ ','1-$ + '%
"27&'&5,$ % '%,$ %-$ .$%1-$ + '
"28 $.*$5 1$1'( < '$($.%1'1$1'(
"2!/5'(.$,'% /'%$.%1$&%#&'%( $0/$5%*
"2;15/(0%"222?,!2?!?=$<?"222"
D5*$+''&'%'5 +5( 6
"2;@$ ' %<55/5'($.*&%/ 0."
"2;"6 'E%5/5'(.$<5&$.,*5E% ,%%%"
"2/5'($ / $ + '$%1-$ /(+ '"
" + '?%5$ ,&+/ ,$.1$1'($.$ /('*$'*?0* "
""#$ ','%/ $ /$'*/5'(.$,'%&'% 1$, %
"%'%?0*
"*'%$.+0$+
"4+ '%1,- *'%,3&& ,$++& '(1$1'(50,$
+'-$ / ,-$ '$,$< '%'
215/(0%;;?,72?4"?=1'?;;
2"15/(0%;;?,72?4"?=1'?;;
215/(0%;;?,72?4"?=1'?;;
215/(0%;;?,72?4"?=1'?;;
2415/(0%;;?,72?4"?=1'?;;
2715/(0%;;?,72?4"?=1'?;;
2815/(0%;;?,72?4"?=1'?;;4
2!15/(0%;;?,72?4"?=1'?;;4
2;15/(0%;;?,72?4"?=1'?;;4
215/(0%;;?,72?4"?=1'?;;4
15/(0%;;?,72?4"?=1'?;;4
"15/(0%;;?,72?4"?=1'?;;4
15/(0%;;?,72?4"?=1'?;;4
15/(0%;;?,72?4"?=1'?;;4
415/(0%;;?,72?4"?=1'?;;4
715/(0%;;?,72?4"?=1'?;;4
815/(0%;;?,72?4"?=1'?;;4
!15/(0%;;?,72?4"?=1'?;;4
;15/(0%;;?,72?4"?=1'?;;4
"215/(0%;;?,72?4"?=1'?;;4
"15/(0%;;?,72?4"?=1'?;;4
""15/(0%;;?,72?4"?=1'?;;4
"15/(0%;;?,72?4"?=1'?;;4
"15/(0%;;?,72?4"?=1'?;;4
"415/(0%;;?,72?4"?=1'?;;4
"715/(0%;;?,72?4"?=1'?;;4
"815/(0%;;?,72?4"?=1'?;;4
"!15/(0%;;?,72?4"?=1'?;;4
";15/(0%;;?,72?4"?=1'?;;4
215/(0%;;?,72?4"?=1'?;;7
15/(0%;;?,72?4"?=1'?;;7
"15/(0%;;?,72?4"?=1'?;;7
15/(0%;;?,72?4"?=1'?;;7
15/(0%;;?,72?4"?=1'?;;7
415/(0%;;?,72?4"?=1'?;;7
715/(0%;;?,72?4"?=1'?;;7
815/(0%;;?,72?4"?=1'?;;7
!15/(0%;;?,72?4"?=1'?;;7
;15/(0%;;?,72?4"?=1'?;;7
215/(0%;;?,72?4"?=1'?;;7
15/(0%;;?,72?4"?=1'?;;7
"15/(0%;;?,72?4"?=1'?;;7
15/(0%;;?,72?4"?=1'?;;7
15/(0%;;?,72?4"?=1'?;;7
D5*$+''&'%'5 +5( 6
215/(0%;;?,44??=@&5(?;;7
2"15/(0%;;?,44??=@&5(?;;7
2*$'-'57
15/(0%;;4?,"7?7?=$<?;;47
"15/(0%;;4?,"7?7?=$<?;;47
6(+ '$.%&11$''*$&*%'(7
"2*$'-'5!
"&'*$9-$ $.1&/5,$1<' ,%'$1$<%'(B+&+.!
""6-,1 '5$%!
"#$&'$.$1-,1-$ %'(1$+!
"$+%.$1--$ ,$&'$$,-$ $.<%'-$ *'%!
"4#$&''$*115,-$ %.$1-,1-$ %'(0'* ,' -+;
4215/(0%;;!?,28??=$<?;;!;
42"15/(0%;;!?,28??=$<?;;!;
4215/(0%;;!?,28??=$<?;;!;
4215/(0%;;!?,28??=$<?;;!;
42415/(0%;;!?,28??=$<?;;!;
42715/(0%;;!?,28??=$<?;;!;
42815/(0%;;!?,28??=$<?;;!2
42!15/(0%;;!?,28??=$<?;;!2
42;15/(0%;;!?,28??=$<?;;!2
4215/(0%;;!?,28??=$<?;;!2
415/(0%;;!?,28??=$<?;;!2
4"15/(0%;;!?,28??=$<?;;!2
415/(0%;;!?,28??=$<?;;!2
415/(0%;;!?,28??=$<?;;!2
4415/(0%;;!?,28??=$<?;;!2
4715/(0%;;!?,28??=$<?;;!2
4815/(0%;;!?,28??=$<?;;!2
4!15/(0%;;!?,28??=$<?;;!2
4;15/(0%;;!?,28??=$<?;;!2
4"215/(0%;;!?,28??=$<?;;!2
4"15/(0%;;!?,28??=$<?;;!2
4""15/(0%;;!?,28??=$<?;;!2
4"15/(0%;;!?,28??=$<?;;!2
4"15/(0%;;!?,28??=$<?;;!2
4"415/(0%;;!?,28??=$<?;;!2
4"715/(0%;;!?,28??=$<?;;!2
4"815/(0%;;!?,28??=$<?;;!2
442*$'-'52
442" -$ %
4426$, %$< /($'*50"
442115,-$ '$ '/%"
4424 ' -$ 5115,-$ $.,'"
4427=,'$.,*5,&%'$('+ -$
44286$'(
442!$-,'$1%$ %$&'%%''
442;11 , 5+'++& '(
442#$++& ,-$ /'0 ,$&'%
44D '%-+$ ( $'*%''
44"#$$1-$ /'0 ,$&'%L1%<-$ $.,$%4
44"2 -5,*5,&%'$(>&%,-$ 7
44"2"B,5&%<?,$ - & >&%,-$ 7
D5*$+''&'%'5 +5( 64
44"2@&%,-$ '$+$.('+ -$ 8
44"2+1$(+ ,(>&%,-$ 8
44"24$-,L$11$'& '('$/*L>$ !
44"27+&5' $&%1$, %!
44"28 ,$ < '.$&+;
44"2!@&%,-$ ,5 /(%$ $.,$ &,'42
44"2; .$+-$ '$/%&/+G'$,$&'4
44"211 ,$.1-% ,*54"
442 -$ %4"
442" .$,+ '& &#$ < -$ 4
442&'('$ .$,4
442+1$(<%'-$ 4
4424%'-$ $.,*5,&%'$('+ -$ 4
4427 .$,+ '$.%''+ -$ 44
4428+&5' $&%1$, %44
442!B1' .$,+ '$.,*5,&%'$('+ -$ 44
442;<,$.1--$ $48
442 $48
44) ''$'D1*(%,5,&%'$($.,*54!
44"#$%'%?.%? B1 %%4!
44,$ -$ .$,+ '4;
44115%4;
444$5$.%','G$ (4;
447$5$.50 .$,+ '72
448#$%'% B1 %%72
442115,-$ ,$ %'&,-$ 72
442" %-$ 51$<%$ 72
722215/(0%"24?,2?78?=$<?"2472
722*$'-'5 .$+ '%''+5(&11$','72
722" -$ %72
722/& 5% %&11$' .$,+ ' ,(7
722+%,&+&5-<7
7224115,-$ '$%&11$'1$, %7
72"2F%%.$>&%,-$ $< $ % '7
72"2"&-$ $.>&%,-$ 74
72"2 -- %1$ '/& 5$.'*%%''74
72"2+&5' $&%1$, % $'*%''$.$ ,$& '(74
72"24#$ - & ?B,5&%<>&%,-$ #$ '$55 $77
72"273&%'.$ .$,+ '$.$/('/& 5$.$'*%''78
72"28'+ -$ $.,$ '$55 $78
72"2!#*5%&11$'$%.$'0$$+$$/5%7;
72"2;#'.$1(+ '%7;
72"2,1'$.< ,.$+$&'%'*%''115,/5507;
72"$,-$ $.%1$&%5%&11$'$3&%'.$ .$,+ ''$'/& 5$.
$'*%''$.$ ,$& '(82
7226$, %& '*%,'82
722",-$ /(+ $1 '82
722115,-$ $.50$.'*%%''8
722&-%$. -- '/& 58
7224&-% 1$0%$.%1$ '/& 58
7227 11$1''/& 58"
7228&-%$.%&11$' .$,+ ' ,(8
722!6$0%$.G$ ( 58
D5*$+''&'%'5 +5( 67
722;6<',$& %58
722&-%$.%'' .$+-$ ,(8
726--$ #$ ' '% ,,$+1 ( $,&+ '%84
72"5 $. .$+-$ 84
72#$%'% .%87
72+'++& '($.1--$ 87
724$ 1 '%. %87
7271,5&5%$.< , 1$,&88
728#$++& ,-$ %/'0 '/& 5%8!
72!%%%' ,0'*%,$<(8!
72;,1' %/&%+ '$.1(+ '%6(+ ''$ .$,+ ' ,($. $'*
%''$.$ ,$& '(#-%''+ '8!
7226--$ '$%'/5%*%&11$'$8;
722"%1$ '/& 58;
7242,$ -$ $. ,$+0'**$5 $%%& $'*%''!2
7242"+15$($/5-$ %!2
72420$$+$ ,$+0'**$5 $%!
7242+15$(E%,<55/5'(5+'!
72424)55.&5 $ ,$+15 ,!
72427#$ '%'$.$!
72428+ %'-< .$,+ '$.$%!"
7272%'-$ $.$.$ .$,+ '!"
7272"6$,&'$%'$.$ .$,+ '!"
7272=,'$.%'-$ .$ .$,+ '!
72720?1$,&% +%'$/115!
72724$-,$.%'-$ $.$!
727276$,&'$,$ '%'<5'($ .$,+ '$.%'$!4
72728#$ '%'$.%'-$ $ .$,+ '!4
7272!#$ +$!7
7272;6$,&'$%',*5%&11$'$$. $'*%''.$+$,-$ !7
7272=,'$.%'-$ .$+$,-$ !7
727$,-$ $.,*5%&11$'$$. $'*%''!8
727",$ -$ $.$+$ $'*%''!!
727@&%,-$ 115,/5'($.1$<%$ %!!
7275 $.+$,*5%&11$'$!!
7274$,-$ $.$+/(.$ ,$& '('*'5,D%$$% $'B,%
>&%,-$ !;
7277%'-$ $..$ ,*5%&11$'$%6--$ .$+$,-$ !;
7282 -$ %!;
7282"115,-$ $.-,5;2
72821'+ '$.&+ <,%%% ' ,(;2
7282&-%$.1'+ '$.&+ <,%;2
72824,'3&%'.$%'/5%*+ '$+$,-$ ,'3&%'.$,$ -$
.$,+ ';
72827%'-$ $.%&11$'$;"
72828#$ '%'$.%',$ < -$ %&11$'$;
7282!,$ -$ .$,+ '$.%',$ < -$ %&11$'$%B,1-$ % ;
7282;</5'($.,$ < -$ %&11$'$%;
7282,$ -$ .$,+ '$.%'.$ %&11$'+ '%B,1-$ %
;4
728% ,($.$/5C@&%,-$ $ ,$ -$ $.$;4
728"6+%%/5&%%$.1%$ 5 .$+-$ ;7
728 5%*' %5-$ ;7
D5*$+''&'%'5 +5( 68
728 &+/%72;2"$.'*%-'5/(0%"27?,!?"!?=$<?"27 ;7
72!2$& %.$ -$ ;7
72!2"#$ -$ $. -$ ;7
72;2 .$+'($.115,-$ ,$ %'&,-$ ;8
72;2"115,-$ $.,';8
72;2</5'($.,';8
82215/(0%;;;?,4;??=@&5(?;;;;!
822"15/(0%;;;?,4;??=@&5(?;;;;!
82215/(0%;;;?,4;??=@&5(?;;;;!
82215/(0%;;;?,4;??=@&5(?;;;;!
822415/(0%;;;?,4;??=@&5(?;;;;!
822715/(0%;;;?,4;??=@&5(?;;;;!
§43-1. Marriage defined.
Marriage is a personal relation arising out of a civil contract
to which the consent of parties legally competent of contracting and
of entering into it is necessary, and the marriage relation shall
only be entered into, maintained or abrogated as provided by law.
R.L.1910, § 3883.
§43-2. Consanguinity.
Marriages between ancestors and descendants of any degree, of a
stepfather with a stepdaughter, stepmother with stepson, between
uncles and nieces, aunts and nephews, except in cases where such
relationship is only by marriage, between brothers and sisters of the
half as well as the whole blood, and first cousins are declared to be
incestuous, illegal and void, and are expressly prohibited. Provided,
that any marriage of first cousins performed in another state
authorizing such marriages, which is otherwise legal, is hereby
recognized as valid and binding in this state as of the date of such
marriage.
R.L.1910, § 3884; Laws 1965, c. 101, § 1; Laws 1967, c. 344, § 1;
Laws 1969, c. 139, § 1, emerg. eff. April 9, 1969.
§43-3. Who may marry.
A. Any unmarried person who is at least eighteen (18) years of
age and not otherwise disqualified is capable of contracting and
consenting to marriage with a person of the opposite sex.
B. 1. Except as otherwise provided by this subsection, no
person under the age of eighteen (18) years shall enter into the
marriage relation, nor shall any license issue therefor, except:
a. upon the consent and authority expressly given by the
parent or guardian of such underage applicant in the
presence of the authority issuing such license,
b. upon the written consent of the parent or guardian of
such underage applicant executed and acknowledged in
D5*$+''&'%'5 +5( 6!
person before a judge of the district court or the
court clerk of any county within the State of Oklahoma,
c. if the parent or guardian resides outside of the State
of Oklahoma, upon the written consent of the parent or
guardian executed before a judge or clerk of a court of
record. The executed foreign consent shall be duly
authenticated in the same manner as proof of documents
from foreign jurisdictions,
d. if the certificate of a duly licensed medical doctor or
osteopath, acknowledged in the manner provided by law
for the acknowledgment of deeds, and stating that such
parent or guardian is unable by reason of health or
incapacity to be present in person, is presented to
such licensing authority, upon the written consent of
the parent or guardian, acknowledged in the same manner
as the accompanying medical certificate,
e. if the parent or guardian is on active duty with the
Armed Forces of the United States, upon the written
permission of the parent or guardian, acknowledged in
the manner provided by law for acknowledgment of deeds
by military personnel authorized to administer oaths.
Such permission shall be presented to the licensing
authority, accompanied by a certificate executed by a
commissioned officer in command of the applicant, to
the effect that the parent or guardian is on active
duty in the Armed Forces of the United States, or
f. upon affidavit of three (3) reputable persons stating
that both parents of the minor are deceased, or
mentally incompetent, or their whereabouts are unknown
to the minor, and that no guardian has theretofore been
appointed for the minor. The judge of the district
court issuing the license may in his or her discretion
consent to the marriage in the same manner as in all
cases in which consent may be given by a parent or
guardian.
2. Every person under the age of sixteen (16) years is expressly
forbidden and prohibited from entering into the marriage relation
except when authorized by the court:
a. in settlement of a suit for seduction or paternity, or
b. if the unmarried female is pregnant, or has given birth
to an illegitimate child and at least one parent of
each minor, or the guardian or custodian of such child,
is present before the court and has an opportunity to
present evidence in the event such parent, guardian, or
custodian objects to the issuance of a marriage
license. If they are not present the parent, guardian,
D5*$+''&'%'5 +5( 6;
or custodian may be given notice of the hearing at the
discretion of the court.
3. A parent or a guardian of any child under the age of eighteen
(18) years who is in the custody of the Department of Human Services
or the Department of Juvenile Justice shall not be eligible to
consent to the marriage of such minor child as required by the
provisions of this subsection.
4. Any certificate or written permission required by this
subsection shall be retained by the official issuing the marriage
license.
C. No marriage may be authorized when such marriage would be
incestuous under this chapter.
R.L. 1910, § 3885. Amended by Laws 1947, p. 301, § 1; Laws 1959, p.
183, § 1; Laws 1959, p. 184, § 1; Laws 1963, c. 91, § 1; Laws 1965,
c. 383, § 1; Laws 1970, c. 131, § 1, emerg. eff. April 7, 1970; Laws
1975, c. 39, § 1, eff. Oct. 1, 1975; Laws 1989, c. 64, § 1, eff. Nov.
1, 1989; Laws 2004, c. 422, § 4, eff. July 1, 2004.
§43-3.1. Recognition of marriage between persons of same gender
prohibited.
A marriage between persons of the same gender performed in
another state shall not be recognized as valid and binding in this
state as of the date of the marriage.
Added by Laws 1996, c. 131, § 9, eff. Jan. 1, 1997.
§43-4. License required.
No person shall enter into or contract the marriage relation, nor
shall any person perform or solemnize the ceremony of any marriage in
this state without a license being first issued by the judge or clerk
of the district court, of some county in this state, authorizing the
marriage between the persons named in such license.
R.L.1910, § 3886.
§43-5. Application - Fees - Issuance of license and certificate.
A. Persons desiring to be married in this state shall submit an
application in writing signed and sworn to in person before the clerk
of the district court by both of the parties setting forth:
1. The place of residence of each party;
2. The full legal name and the age of each party as they appear
upon or are calculable from a certified copy of the birth
certificate, the current driver license or identification card, the
current passport or visa, or any other certificate, license or
document issued by or existing pursuant to the laws of any nation or
of any state, or political subdivision thereof, accepted as proof of
identity and age;
3. For each party, the full name by which the party will be
known after the marriage, which shall become the full legal name of
D5*$+''&'%'5 +5( 62
the party upon the filing of the marriage license and certificate
with the court, as required by law; provided, however, a marriage
certificate issued prior to June 8, 2006, shall be reissued upon
request by the certificate holder to include the information required
by this paragraph. Such reissued certificate shall reflect the
original marriage date and shall be signed by the court clerk.
Signatures of the officiant and original witnesses shall not be
required;
4. That the parties are not disqualified from or incapable of
entering into the marriage relation; and
5. Whether the parties have successfully completed a premarital
counseling program.
B. 1. Upon application pursuant to this section and the payment
of fees as provided in Section 31 of Title 28 of the Oklahoma
Statutes, if the clerk of the district court is satisfied of the
truth and sufficiency of the application and that there is no legal
impediment to such marriage, the court clerk shall issue the marriage
license authorizing the marriage and a marriage certificate, which
shall be incorporated as one document. As required by law, the
marriage certificate shall be completed immediately following the
marriage, and the marriage license and certificate shall be returned
to the court clerk.
2. Parties to be married and who present a certificate to the
clerk of the district court that states the parties have completed
the premarital counseling program pursuant to Section 5.1 of this
title shall be entitled to pay a reduced fee for a marriage license
in an amount provided in Section 31 of Title 28 of the Oklahoma
Statutes.
C. In the event that one or both of the parties are under legal
age, the application shall have been on file in the court clerk's
office for a period of not less than seventy-two (72) hours prior to
issuance of the marriage license.
D. The marriage license shall be valid in any county within the
state.
E. The provisions hereof are mandatory and not directory except
under the circumstances set out in the provisions of Section 3 of
this title.
R.L.1910, § 3887. Amended by Laws 1959, p. 183, § 2, emerg. eff.
June 2, 1959; Laws 1965, c. 25, § 1, emerg. eff. Feb. 26, 1965; Laws
1974, c. 96, § 1; Laws 1989, c. 64, § 2, eff. Nov. 1, 1989; Laws
1999, c. 174, § 1, eff. Nov. 1, 1999; Laws 2005, c. 33, § 1, eff.
Nov. 1, 2005; Laws 2006, c. 311, § 2, emerg. eff. June 8, 2006; Laws
2008, c. 313, § 1, eff. Nov. 1, 2008; Laws 2013, c. 192, § 1, eff.
Nov. 1, 2013.
§43-5.1. Premarital counseling.
D5*$+''&'%'5 +5( 6
A. The clerk of the district court shall reduce the fee for a
marriage license as prescribed by Section 31 of Title 28 of the
Oklahoma Statutes to persons who have successfully completed a
premarital counseling program meeting the conditions specified by
this section.
B. 1. A premarital counseling program shall be conducted by a
health professional, an official representative of a religious
institution, or a person trained by the principal authors or duly
authorized agents of the principal authors of nationally recognized
marriage education curriculum including, but not limited to,
Prevention & Relationship Enhancement Program (PREP). Upon
successful completion of the program, the counseling program provider
shall issue to the persons a certificate signed by the instructor of
the counseling program. The certificate shall state that the named
persons have successfully completed the premarital counseling
requirements. A minimum of four (4) hours of education or counseling
shall be necessary for successful completion of the marriage
education curriculum.
2. For purposes of this subsection, the term “health
professional” means a person licensed or certified by this state to
practice psychiatry or psychology; a licensed social worker with
experience in marriage counseling; a licensed marital and family
therapist; or a licensed professional counselor.
Added by Laws 1999, c. 174, § 2, eff. Nov. 1, 1999. Amended by Laws
2006, c. 206, § 1, eff. Nov. 1, 2006.
§43-6. License - Contents.
A. The marriage license provided for in this title shall
contain:
1. The date of its issuance;
2. The name of the court issuing the license, and the name of
the city or town and county in which the court is located;
3. The full legal names of the persons authorized to be married
by the license, the full legal names by which the persons will be
known after the marriage, their ages, and their places of residence;
4. Directions to any person authorized by law to perform and
solemnize the marriage ceremony;
5. The date by which the completed marriage certificate, along
with the marriage license, shall be returned to the judge or court,
which shall not be more than thirty (30) days from the date of its
issuance; and
6. Any other information, declarations, seals and signatures, as
required by law.
B. The marriage certificate provided for in this title shall
contain appropriate wording and blanks to be completed and endorsed,
as required by Section 8 of this title, by the person solemnizing or
D5*$+''&'%'5 +5( 6"
performing the marriage ceremony, the witnesses, and the persons who
have been married.
R.L. 1910, § 3888. Amended by Laws 1997, c. 402, § 9, eff. July 1,
1997; Laws 2006, c. 311, § 3, emerg. eff. June 8, 2006.
§43-7. Solemnization of marriages.
A. All marriages must be contracted by a formal ceremony
performed or solemnized in the presence of at least two adult,
competent persons as witnesses, by a judge or retired judge of any
court in this state, or an ordained or authorized preacher or
minister of the Gospel, priest or other ecclesiastical dignitary of
any denomination who has been duly ordained or authorized by the
church to which he or she belongs to preach the Gospel, or a rabbi
and who is at least eighteen (18) years of age.
B. 1. The judge shall place his or her order of appointment on
file with the office of the court clerk of the county in which he or
she resides.
2. The preacher, minister, priest, rabbi, or ecclesiastical
dignitary who is a resident of this state shall have filed, in the
office of the court clerk of the county in which he or she resides, a
copy of the credentials or authority from his or her church or
synagogue authorizing him or her to solemnize marriages.
3. The preacher, minister, priest, rabbi, or ecclesiastical
dignitary who is not a resident of this state, but has complied with
the laws of the state of which he or she is a resident, shall have
filed once, in the office of the court clerk of the county in which
he or she intends to perform or solemnize a marriage, a copy of the
credentials or authority from his or her church or synagogue
authorizing him or her to solemnize marriages.
4. The filing by resident or nonresident preachers, ministers,
priests, rabbis, ecclesiastical dignitaries or judges shall be
effective in and for all counties of this state; provided, no fee
shall be charged for such recording.
C. No person herein authorized to perform or solemnize a
marriage ceremony shall do so unless the license issued therefor be
first delivered into his or her possession nor unless he or she has
good reason to believe the persons presenting themselves before him
or her for marriage are the identical persons named in the license,
and for whose marriage the same was issued, and that there is no
legal objection or impediment to such marriage.
D. Marriages between persons belonging to the society called
Friends, or Quakers, the spiritual assembly of the Baha'is, or the
Church of Jesus Christ of Latter Day Saints, which have no ordained
minister, may be solemnized by the persons and in the manner
prescribed by and practiced in any such society, church, or assembly.
R.L. 1910, § 3889. Amended by Laws 1951, p. 113, § 1; Laws 1961, p.
285, § 1; Laws 1971, c. 298, § 1, emerg. eff. June 24, 1971; Laws
D5*$+''&'%'5 +5( 6
1986, c. 24, § 1, eff. Nov. 1, 1986; Laws 1989, c. 333, § 3, eff.
Nov. 1, 1989; Laws 1998, c. 214, § 1, eff. Nov. 1, 1998; Laws 1999,
c. 305, § 1, emerg. eff. June 4, 1999.
§43-7.1. Refusal to solemnize or recognize marriage by religious
organization officials - Definitions.
A. No regularly licensed, ordained or authorized official of any
religious organization shall be required to solemnize or recognize
any marriage that violates the official's conscience or religious
beliefs. A regularly licensed, ordained or authorized official of
any religious organization shall be immune from any civil claim or
cause of action based on a refusal to solemnize or recognize any
marriage that violates the official's conscience or religious
beliefs.
B. As used in this section:
1. "Recognize" means to provide religious-based services that:
a. are delivered by a religious organization or by an
individual who is managed, supervised or directed by a
religious organization, and
b. are designed for married couples or couples engaged to
marry and are directly related to solemnizing,
celebrating, strengthening or promoting a marriage,
such as religious counseling programs, courses,
retreats and workshops; and
2. "Religious organization" means any church, seminary,
synagogue, temple, mosque, religious order, religious corporation,
association or society, whose identity is distinctive in terms of
common religious creed, beliefs, doctrines, practices or rituals of
any faith or denomination, including any organization qualifying as a
church or religious organization under Section 501(c)(3) or 501(d) of
the United States Internal Revenue Code.
Added by Laws 2015, c. 204, § 1, eff. Nov. 1, 2015.
§43-8. Endorsement and return of license.
A. The person performing or solemnizing the marriage ceremony
shall, immediately upon the completion of the ceremony, endorse upon
the license authorizing the marriage:
1. His or her name and official or clerical designation;
2. The court of which he or she is the judge, or the
congregation or body of which he or she is pastor, preacher,
minister, priest, rabbi or dignitary; provided, that the authority to
perform or solemnize marriages shall be coextensive with the
congregation or body of which he or she is pastor, preacher,
minister, priest, rabbi or dignitary; provided further, that all
marriages solemnized among the society called Friends or Quakers, the
spiritual assembly of the Baha’is, or the Church of Jesus Christ of
Latter-day Saints, in the form heretofore practiced and in use in
D5*$+''&'%'5 +5( 6
their meetings shall be good and valid. One person chosen by such
society, assembly, or church shall be responsible for completing the
marriage certificate pursuant to this section in the same manner as a
minister or other person authorized to perform marriages;
3. The town or city and county where the court, congregation,
body, society, assembly, or church is located; and
4. His or her signature along with his or her official or
clerical designation.
B. The witnesses to the ceremony shall endorse the marriage
certificate, attesting to their presence at the ceremony, with their
names and post office addresses.
C. The persons who have been married in the ceremony shall
endorse the marriage certificate with the names by which they are to
be known from the time of the marriage, as evidenced on the marriage
license.
D. The marriage license, along with the completed marriage
certificate shall be transmitted without delay to the judge or the
court clerk who issued the license and certificate.
R.L. 1910, § 3890. Amended by Laws 1971, c. 298, § 2, emerg. eff.
June 24, 1971; Laws 1989, c. 333, § 4, eff. Nov. 1, 1989; Laws 2006,
c. 311, § 4, emerg. eff. June 8, 2006.
§43-9. Records - Return of original.
The judge or clerk of the district court issuing any marriage
license shall make a complete record of the application, license, and
certificate thereon, on an optical disc, microfilm, microfiche,
imaging, in a book kept by the judge or clerk for that purpose,
properly indexed, or by electronic means using any method approved by
the Supreme Court; and the record of the license shall be made before
it is delivered to the person procuring the same, and the record of
the certificate shall be made upon the return of the license;
provided, that all records pertaining to the issuance of such license
shall be open to public inspection during office hours; provided
further, that after recording of the original license and completed
certificate as hereinbefore required, it shall be returned to the
persons to whom the same was issued, with the issuing officer's
certificate affixed thereon showing the book and page or case number
where the same has been recorded.
R.L.1910, § 3891. Amended by Laws 1945, p. 139, § 1, emerg. eff. May
5, 1945; Laws 1947, p. 301, § 1, emerg. eff. April 24, 1947; Laws
1998, c. 310, § 6, eff. Nov. 1, 1998; Laws 2005, c. 192, § 6, eff.
Nov. 1, 2005; Laws 2012, c. 278, § 6, eff. Nov. 1, 2012.
§43-10. Evidence before issue of license.
If the judge or clerk of the district court before whom
application for a marriage license is made shall be in doubt of the
legal capacity of the parties for whose marriage a license is sought,
D5*$+''&'%'5 +5( 64
to enter into the marriage relation, such judge or clerk shall
require additional evidence to that contained in the application, and
may swear and examine witnesses or require affidavits in proof of the
legality of such marriage, and unless satisfied of the legality
thereof, he shall not issue a license therefor.
R.L.1910, § 3892.
§43-11. Copy of record - Admission as evidence.
Copies of any record required to be made and kept by the judge of
the district court under the provisions of this chapter, certified to
by the judge of said court, under his official signature and seal,
shall be received as evidence in all courts of this state.
R.L.1910, § 3893.
§43-14. Penalty for performing unlawful marriage.
Any minister of the Gospel, or other person authorized to
solemnize the rites of matrimony within this state, who shall
knowingly solemnize the rites of matrimony between persons prohibited
by this chapter, from intermarrying shall be deemed guilty of a
felony, and upon conviction thereof shall be fined in any sum not
exceeding Five Hundred Dollars ($500.00) and imprisonment in the
State Penitentiary not less than one (1) year nor more than five (5)
years.
R.L. 1910, § 3896. Amended by Laws 1997, c. 133, § 461, eff. July 1,
1999; Laws 1999, 1st Ex.Sess., c. 5, § 335, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 461 from July 1, 1998, to July 1, 1999.
§43-15. Miscellaneous offenses - Penalties.
Any judge of the district court, or clerk of the district court,
knowingly issuing any marriage license, or concealing any record
thereof, contrary to the provisions of this chapter, or any person
knowingly performing or solemnizing the marriage ceremony contrary to
any of the provisions of this chapter, shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
of not less than One Hundred Dollars ($100.00) nor more than Five
Hundred Dollars ($500.00), or by imprisonment in the county jail not
less than thirty (30) days nor more than one (1) year or by both such
fine and imprisonment.
R.L.1910, § 3897.
§43-16. Soliciting in or near court house or grounds prohibited.
It shall be unlawful for any person to solicit directly or
indirectly within any courthouse, premises or grounds or lots on
which a courthouse may be located in any county within the State of
Oklahoma for himself or for and on behalf of any minister of the
Gospel or other person, the performance of a marriage ceremony.
D5*$+''&'%'5 +5( 67
Laws 1941, p. 169, § 1.
§43-17. Punishment for violations.
Any person violating this act shall be guilty of a misdemeanor
and shall be punished by a fine of not to exceed Twenty-five Dollars
($25.00) for the first conviction, and for any second or subsequent
conviction by a fine of not less than Twenty-five Dollars ($25.00)
nor more than One Hundred Dollars ($100.00).
Laws 1941, p. 170, § 2.
§43-18. Injunction against violations.
In addition to the penalty provided in Section 2 hereof for a
violation of this act, a cause of action shall exist in favor of any
citizen of any county, or in favor of the State of Oklahoma on the
relation of the district attorney of any county where the offense is
committed to apply to the district court of the county for an
injunction restraining the violation of this act.
Laws 1941, p. 170, § 3.
§43-19. Unlawful sales of papers or instruments relating to marriage
licenses - Penalty.
It shall be unlawful for the court clerk of any county of this
state to sell, offer for sale, or permit the sale of any paper or
instrument relating, directly or indirectly, to marriage licenses
issued from the office of said court clerk except the license herein.
Provided, any person violating the provisions of this section shall
be guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than Ten Dollars ($10.00) nor more than One Hundred
Dollars ($100.00), or by imprisonment in the county jail for not less
than five (5) days nor more than ten (10) days, or by both such fine
and imprisonment.
Laws 1959, p. 127, § 2; eff. April 8, 1959.
§43-20. Computation of time.
The time within which an act is to be done, as provided for in
Title 43 of the Oklahoma Statutes, shall be computed by excluding the
first day and including the last day. If the last day is a legal
holiday as defined by Section 82.1 of Title 25 of the Oklahoma
Statutes, it shall be excluded. The provisions of this section are
hereby declared to be a clarification of the law as it existed prior
to the effective date of this act and shall not be considered or
construed to be a change of the law as it existed prior to the
effective date of this act. Any action or proceeding arising under
Title 43 of the Oklahoma Statutes prior to the effective date of this
act for which a determination of the period of time prescribed by
this section is in question or has been in question due to the
D5*$+''&'%'5 +5( 68
enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed
by the method for computation of time as prescribed by this section.
Added by Laws 2000, c. 260, § 4, emerg. eff. June 1, 2000.
§43-31. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.
NOTE: This section was amended by Laws 2004, c. 105, § 1, without
reference to repeal, to read as follows:
A. If the State Board of Health requires a blood test for the
discovery of communicable or infectious diseases prior to obtaining a
marriage license, a person seeking to obtain a marriage license shall
first file with the court clerk a certificate or affidavit from a duly-
licensed physician, licensed to practice within the State of Oklahoma,
stating that each party to the marriage contract has been given a blood
test, as may be necessary for the discovery of communicable or infectious
diseases, made not more than thirty (30) days prior to the date of such
application to obtain a marriage license, and that, in the opinion of the
physician, the persons named therein are not infected with a communicable
or infectious disease, or, if infected, said disease is not in a stage
which may be communicable to the marriage partner.
B. The State Board of Health shall promulgate rules in compliance
with Article I of the Administrative Procedures Act to designate
communicable or infectious diseases, if any, for which a blood test shall
be conducted pursuant to subsection A of this section.
§43-32. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.
§43-33. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.
§43-34. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.
§43-35. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.
§43-36. Issuance of license - Delivery to person officiating -
Return to licensing authority.
Marriage licenses shall be issued to all applicants who are
entitled under the laws of the State of Oklahoma to apply for a
marriage license and to contract matrimony. Any person obtaining a
marriage license from the court clerk shall deliver the license,
within ten (10) days from the date of issue, to the clergy or other
qualified person who is to officiate before the marriage can be
performed. The license issued shall be returned by the clergy or
other qualified person who officiated the marriage to the licensing
authority who issued the same within five (5) days succeeding the
date of the performance of the marriage therein authorized. Any
person or persons who shall willfully neglect to make such return
within the time above required shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
of not less than One Hundred Dollars ($100.00) for each and every
offense.
D5*$+''&'%'5 +5( 6!
Added by Laws 1945, p. 138, § 6. Amended by Laws 2004, c. 333, § 1,
eff. Jan. 1, 2005.
§43-37. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.
§43-101. Grounds for divorce.
The district court may grant a divorce for any of the following
causes:
First. Abandonment for one (1) year.
Second. Adultery.
Third. Impotency.
Fourth. When the wife at the time of her marriage was pregnant
by another than her husband.
Fifth. Extreme cruelty.
Sixth. Fraudulent contract.
Seventh. Incompatibility. Provided, however, where the interest
of a child under eighteen (18) years of age is involved, the adult
parties shall attend an educational program concerning the impact of
divorce on children as provided in subsection B of Section 107.2 of
this title.
Eighth. Habitual drunkenness.
Ninth. Gross neglect of duty.
Tenth. Imprisonment of the other party in a state or federal
penal institution under sentence thereto for the commission of a
felony at the time the petition is filed.
Eleventh. The procurement of a final divorce decree without this
state by a husband or wife which does not in this state release the
other party from the obligations of the marriage.
Twelfth. Insanity for a period of five (5) years, the insane
person having been an inmate of a state institution for the insane in
the State of Oklahoma, or inmate of a state institution for the
insane in some other state for such period, or of a private
sanitarium, and affected with a type of insanity with a poor
prognosis for recovery; provided, that no divorce shall be granted
because of insanity until after a thorough examination of such insane
person by three physicians, one of whom shall be a superintendent of
the hospital or sanitarium for the insane in which the insane
defendant is confined, and the other two to be appointed by the court
before whom the action is pending, and any two of such physicians
shall agree that such insane person, at the time the petition in the
divorce action is filed, has a poor prognosis for recovery; provided,
further, however, that no divorce shall be granted on this ground to
any person whose husband or wife is an inmate of a state institution
in any other than the State of Oklahoma, unless the person applying
for such divorce shall have been a resident of the State of Oklahoma
for at least five (5) years prior to the commencement of an action;
and provided further, that a decree granted on this ground shall not
D5*$+''&'%'5 +5( 6;
relieve the successful party from contributing to the support and
maintenance of the defendant. The court shall appoint a guardian ad
litem to represent the insane defendant, which appointment shall be
made at least ten (10) days before any decree is entered.
R.L. 1910, § 4962. Amended by Laws 1947, p. 79, § 1, emerg. eff.
Feb. 24, 1947; Laws 1953, p. 59, § 1; Laws 1955, p. 141, § 1, emerg.
eff. March 3, 1955. Renumbered from § 1271 of Title 12 by Laws 1989,
c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2014, c. 428, § 1,
eff. Nov. 1, 2014.
§43-102. Residence of plaintiff or defendant.
A. Except as otherwise provided by subsection B of this section,
the petitioner or the respondent in an action for divorce or
annulment of a marriage must have been an actual resident, in good
faith, of the state, for six (6) months immediately preceding the
filing of the petition.
B. Any person who has been a resident of any United States army
post or military reservation within the State of Oklahoma, for six
(6) months immediately preceding the filing of the petition, may
bring action for divorce or annulment of a marriage or may be sued
for divorce or annulment of a marriage.
R.L. 1910, § 4963. Amended by Laws 1939, p. 2, § 1, emerg. eff.
April 10, 1939; Laws 1957, p. 82, § 2; Laws 1961, p. 64, § 1, emerg.
eff. Aug. 7, 1961; Laws 1965, c. 284, § 1, emerg. eff. June 24, 1965.
Renumbered from § 1272 of Title 12 by Laws 1989, c. 333, § 1, eff.
Nov. 1, 1989. Amended by Laws 2002, c. 400, § 1, eff. Nov. 1, 2002.
§43-103. Venue for any action for divorce, annulment of a marriage
or legal separation.
A. The venue of any action for divorce, annulment of a marriage
or legal separation may be in the following counties:
1. An action for divorce or annulment of a marriage may be filed
in the county in which the petitioner has been a resident for the
thirty (30) days immediately preceding the filing of the petition or
in the county in which the respondent is a resident; provided, the
action may be assigned for trial in any county within the judicial
district by the chief judge of the district; and
2. An action for legal separation may be brought in the county
in which either party is a resident at the time of the filing of the
petition.
B. The court may, upon application of a party, transfer an
action for divorce, annulment of marriage or legal separation at any
time after filing of the petition to any county where venue would be
proper under subsection A of this section if the requirements of
subsection C or D of this section are met.
C. The court shall grant a party’s application for change of
venue when the other party is not a resident of this state at the
D5*$+''&'%'5 +5( 6"2
time the application for change of venue is filed, or the plaintiff
has departed from this state and has been absent for more than six
(6) months preceding the date the application for change of venue is
filed, and transfer is requested to the county where the applying
party resides in this state.
D. The court shall grant a party’s application for change of
venue when the court determines that it is an inconvenient forum
under the circumstances and the court in another county is a more
appropriate forum consistent with the factors in subsection B of
Section 551-207 of the Uniform Child Custody Jurisdiction and
Enforcement Act after substitution of the word "county" for the word
"state" in such section of the act, and transfer is requested to the
county where the applying party resides in the state.
Added by Laws 1971, c. 23, § 1, emerg. eff. March 22, 1971.
Renumbered from § 1272.1 of Title 12 by Laws 1989, c. 333, § 1, eff.
Nov. 1, 1989. Amended by Laws 1998, c. 310, § 7, eff. Nov. 1, 1998;
Laws 2001, c. 308, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 400,
§ 2, eff. Nov. 1, 2002.
§43-104. Personal jurisdiction in certain divorce actions.
A court may exercise personal jurisdiction over a person, whether
or not a resident of this state, who lived within this state in a
marital or parental relationship, or both, as to all obligations for
alimony and child support where the other party to the marital
relationship continues to reside in this state. When the person who
is subject to the jurisdiction of the court has departed from the
state, he may be served outside of the state by any method that is
authorized by the statutes of this state.
Laws 1973, c. 21. § 2, emerg. eff. April 12, 1973. Renumbered from
Title 12, § 1272.2 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
ec=1>
§43-104.1. District court referees.
A. If funding is available, presiding judges of the district
court may appoint court referees in their judicial districts to hear
designated cases as assigned by the presiding judge.
B. Reasonable compensation for the referees shall be fixed by
that presiding judge.
C. A referee shall meet the requirements and perform their
duties in the same manner and procedure as set forth in Sections 1-8-
103 and 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to
referees appointed in juvenile proceedings.
Added by Laws 2002, c. 400, § 9, eff. Nov 1, 2002. Amended by Laws
2009, c. 234, § 136, emerg. eff. May 21, 2009.
§43-105. Petition and summons.
D5*$+''&'%'5 +5( 6"
A. A proceeding for dissolution of marriage, an annulment of a
marriage, or a legal separation shall be titled "In re the Marriage
of _______ and ______".
B. The initial pleading in all proceedings under this title
shall be denominated a petition. The person filing the petition
shall be called the petitioner. A responsive pleading shall be
denominated a response. The person filing the responsive pleading
shall be called the respondent. Other pleadings shall be denominated
as provided in the Rules of Civil Procedure, except as otherwise
provided in this section.
C. The petition must be verified as true, by the affidavit of
the petitioner.
D. A summons may issue thereon, and shall be served, or
publication made, as in other civil cases.
E. Wherever it occurs in this title or in any other title of the
Oklahoma Statutes or in any forms or court documents prepared
pursuant to the provisions of the Oklahoma Statutes, the term
“divorce” shall mean and be deemed to refer to a “dissolution of
marriage” unless the context or subject matter otherwise requires.
R.L. 1910, § 4964. Amended by Laws 1973, c. 262, § 6, operative July
1, 1973. Renumbered from § 1273 of Title 12 by Laws 1989, c. 333, §
1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 400, § 3, eff. Nov.
1, 2002; Laws 2003, c. 302, § 1, emerg. eff. May 28, 2003.
§43-106. Response.
A. The respondent, in his or her response, may allege a cause
for a dissolution of marriage, annulment of the marriage or legal
separation against the petitioner, and may have the same relief
thereupon as he or she would be entitled to for a like cause if he or
she were the petitioner.
B. When new matter is set up in the answer, it shall be verified
as to such new matter by the affidavit of the respondent.
R.L. 1910, § 4965. Renumbered from § 1274 of Title 12 by Laws 1989,
c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 400, § 4,
eff. Nov. 1, 2002; Laws 2003, c. 302, § 2, emerg. eff. May 28, 2003.
§43-107. Repealed by Laws 2002, c. 400, § 10, eff. Nov. 1, 2002.
§43-107.1. Actions where minor child involved - Delayed final order
- Waiver - Completion of educational program - Exceptions.
A. 1. In an action for divorce where there are minor children
involved, the court shall not issue a final order thereon for at
least ninety (90) days from the date of filing the petition which
ninety (90) days may be waived by the court for good cause shown and
without objection by either party.
2. The court may require that within the ninety-day period
specified by paragraph 1 of this subsection, the parties attend and
D5*$+''&'%'5 +5( 6""
complete an educational program specified by Section 107.2 of this
title.
B. This section shall not apply to divorces filed for any of the
following causes:
1. Abandonment for one (1) year;
2. Extreme cruelty;
3. Habitual drunkenness;
4. Imprisonment of the other party in a state or federal penal
institution under sentence thereto for the commission of a felony at
the time the petition is filed;
5. The procurement of a final divorce decree outside this state
by a husband or wife which does not in this state release the other
party from the obligations of the marriage;
6. Insanity for a period of five (5) years, the insane person
having been an inmate of a state institution for the insane in the
State of Oklahoma, or an inmate of a state institution for the insane
in some other state for such period, or an inmate of a private
sanitarium, and affected with a type of insanity with a poor
prognosis for recovery;
7. Conviction of any crime defined by the Oklahoma Child Abuse
Reporting and Prevention Act committed upon a child of either party
to the divorce by either party to the divorce; or
8. A child of either party has been adjudicated deprived,
pursuant to the Oklahoma Children’s Code, as a result of the actions
of either party to the divorce and the party has not successfully
completed the service and treatment plan required by the court.
C. After a petition has been filed in an action for divorce
where there are minor children involved, the court may make any such
order concerning property, children, support and expenses of the suit
as provided for in Section 110 of this title, to be enforced during
the pendency of the action, as may be right and proper.
D. The court may issue a final order in an action for divorce
where minor children are involved before the ninety-day time period
set forth in subsection A of this section has expired, if the parties
voluntarily participate in marital or family counseling and the court
finds reconciliation is unlikely.
Added by Laws 1992, c. 243, § 1, eff. Sept. 1, 1992. Amended by Laws
1994, c. 124, § 1, eff. Sept. 1, 1994; Laws 1996, c. 131, § 7, eff.
Jan. 1, 1997; Laws 2002, c. 445, § 16, eff. Nov. 1, 2002.
§43-107.2. Actions where minor child involved - Court-ordered
educational program.
A. Except as provided in subsection B of this section, in all
actions for divorce, separate maintenance, guardianship, paternity,
custody or visitation, including modifications or enforcements of a
prior court order, where the interest of a child under eighteen (18)
years of age is involved, the court may require all adult parties to
D5*$+''&'%'5 +5( 6"
attend an educational program concerning, as appropriate, the impact
of separate parenting and coparenting on children, the implications
for visitation and conflict management, development of children,
separate financial responsibility for children and such other
instruction as deemed necessary by the court. The program shall be
educational in nature and not designed for individual therapy.
B. In actions for divorce based upon incompatibility filed on or
after November 1, 2014, where the interest of a child under eighteen
(18) years of age is involved, the adult parties shall attend, either
separately or together, an educational program concerning the impact
of divorce on children. The program shall include the following
components:
1. Short-term and longitudinal effects of divorce on child well-
being;
2. Reconciliation as an optional outcome;
3. Effects of family violence;
4. Potential child behaviors and emotional states during and
after divorce including information on how to respond to the child's
needs;
5. Communication strategies to reduce conflict and facilitate
cooperative coparenting; and
6. Area resources, including but not limited to nonprofit
organizations or religious entities available to address issues of
substance abuse or other addictions, family violence, behavioral
health, individual and couples counseling, and financial planning.
Program attendees shall be required to pay a fee of not less than
Ten Dollars ($10.00) and not more than Sixty Dollars ($60.00) to the
program provider to offset the costs of the program. The fee may be
waived by the court if an attendee uses a qualified program that is
provided free of charge. Nothing in this paragraph shall prohibit a
third party from paying the fee to the program provider for an
attendee. A certificate of completion shall be issued upon
satisfying the attendance and fee requirements of the program, and
the certificate of completion shall be filed with the court. The
program provider shall carry general liability insurance and maintain
an accurate accounting of all business transactions and funds
received in relation to the program. The program shall be completed
prior to the temporary order or within forty-five (45) days of
receiving a temporary order. However, and in all events, a final
disposition of child custody shall not be granted until the parties
complete the program required by this subsection. The court may
waive attendance of the program for good cause shown which shall
include, but not be limited to, where domestic violence, stalking or
harassment as defined by paragraph 2 of subsection I of Section 109
of this title occurred during the marriage.
C. Each judicial district may adopt its own local rules
governing the programs.
D5*$+''&'%'5 +5( 6"
D. The Administrative Office of the Courts may enter into a
memorandum of understanding with a state entity or other organization
in order to compile data including but not limited to the number of
actions for divorce that were dismissed after participating in the
program, the number of programs that were completed and the number of
program participants for each fiscal year. The report shall include
data collected from each judicial district. The report shall be
published on the Administrative Office of the Courts website and
distributed to the Governor, Speaker of the House of Representatives,
Minority Leader of the House of Representatives, President Pro
Tempore of the Senate and Minority Leader of the Senate.
Added by Laws 1996, c. 131, § 8, eff. Jan. 1, 1997. Amended by Laws
2014, c. 428, § 2, eff. Nov. 1, 2014; Laws 2015, c. 385, § 1, eff.
Nov. 1, 2015.
§43-107.3. Appointment of guardian ad litem - Referral to mediation
or counseling - Definitions - False accusations of child abuse or
neglect.
A. 1. In any proceeding when the custody or visitation of a
minor child or children is contested by any party, the court may
appoint an attorney at law as guardian ad litem upon motion of the
court or upon application of any party to appear for and represent
the minor children.
2. The guardian ad litem may be appointed to objectively
advocate on behalf of the child and act as an officer of the court to
investigate all matters concerning the best interests of the child.
In addition to other duties required by the court and as specified by
the court, a guardian ad litem shall have the following
responsibilities:
a. review documents, reports, records and other
information relevant to the case, meet with and observe
the child in appropriate settings, and interview
parents, caregivers and health care providers and any
other person with knowledge relevant to the case
including, but not limited to, teachers, counselors and
child care providers,
b. advocate for the best interests of the child by
participating in the case, attending any hearings in
the matter and advocating for appropriate services for
the child when necessary,
c. monitor the best interests of the child throughout any
judicial proceeding,
d. present written factual reports to the parties and
court prior to trial or at any other time as specified
by the court on the best interests of the child, which
determination is solely the decision of the court, and
D5*$+''&'%'5 +5( 6"4
e. the guardian ad litem shall, as much as possible,
maintain confidentiality of information related to the
case and is not subject to discovery pursuant to the
Oklahoma Discovery Code.
3. Expenses, costs, and attorney fees for the guardian ad litem
may be allocated among the parties as determined by the court.
4. The Oklahoma Bar Association shall develop a standard
operating manual for guardians ad litem which shall include, but not
be limited to, legal obligations and responsibilities, information
concerning child abuse, child development, domestic abuse, sexual
abuse, and parent and child behavioral health and management
including best practices. After publication of the manual, all
guardians ad litem shall certify to the court in which he or she is
appointed as a guardian ad litem that the manual has been read and
all provisions contained therein are understood. The guardian ad
litem shall also certify that he or she agrees to follow the best
practices described within the standard operating manual. The
Administrative Office of the Courts shall provide public access to
the standard operating manual by providing a link to the manual on
the Oklahoma State Courts Network (OSCN) website.
B. When property, separate maintenance, or custody is at issue,
the court:
1. May refer the issue or issues to mediation if feasible unless
a party asserts or it appears to the court that domestic violence or
child abuse has occurred, in which event the court shall halt or
suspend professional mediation unless the court specifically finds
that:
a. the following three conditions are satisfied:
(1) the professional mediator has substantial training
concerning the effects of domestic violence or
child abuse on victims,
(2) a party who is or alleges to be the victim of
domestic violence is capable of negotiating with
the other party in mediation, either alone or with
assistance, without suffering an imbalance of
power as a result of the alleged domestic
violence, and
(3) the mediation process contains appropriate
provisions and conditions to protect against an
imbalance of power between parties resulting from
the alleged domestic violence or child abuse, or
b. in the case of domestic violence involving parents, the
parent who is or alleges to be the victim requests
mediation and the mediator is informed of the alleged
domestic violence; and
2. When custody is at issue, the court may order, in addition to
or in lieu of the provisions of paragraph 1 of this subsection, that
D5*$+''&'%'5 +5( 6"7
each of the parties undergo individual counseling in a manner that
the court deems appropriate, if the court finds that the parties can
afford the counseling.
C. As used in this section:
1. "Child abuse or neglect" shall have the same meaning as
"abuse" or "neglect" as defined by Section 1-1-105 of Title 10A of
the Oklahoma Statutes or shall mean the child has been adjudicated
deprived as a result of the actions or omission of either parent
pursuant to the Oklahoma Children's Code; and
2. "Domestic violence" shall have the same meaning as such term
is defined by the Protection from Domestic Abuse Act.
D. During any proceeding concerning child custody, should it be
determined by the court that a party has intentionally made a false
or frivolous accusation to the court of child abuse or neglect
against the other party, the court shall proceed with any or all of
the following:
1. Find the accusing party in contempt for perjury and refer for
prosecution;
2. Consider the false allegations in determining custody; and
3. Award the obligation to pay all court costs and legal
expenses encumbered by both parties arising from the allegations to
the accusing party.
Added by Laws 1997, c. 403, § 8, eff. Nov. 1, 1997. Amended by Laws
2002, c. 400, § 5, eff. Nov. 1, 2002; Laws 2003, c. 3, § 20, emerg.
eff. March 19, 2003; Laws 2006, c. 136, § 5, eff. Nov. 1, 2006; Laws
2017, c. 16, § 1, eff. Nov. 1, 2017; Laws 2019, c. 417, § 3, eff.
Nov. 1, 2019.
NOTE: Laws 2002, c. 445, § 17 repealed by Laws 2003, c. 3, § 21,
emerg. eff. March 19, 2003.
§43-107.4. Motion for an emergency custody hearing.
A. In a court proceeding concerning child custody or visitation,
a motion for an emergency custody hearing shall include an
independent report, if available, to include but not be limited to, a
police report or a report from the Department of Human Services, that
demonstrates that the child is in surroundings which endanger the
safety of the child and that if such conditions continue, the child
would likely be subject to irreparable harm. If there is no such
report, the motion shall include a notarized affidavit from an
individual with personal knowledge that the child is in surroundings
which endanger the safety of the child and that not granting the
motion would likely cause irreparable harm to the child. Upon
receipt of the motion for emergency custody with supporting
documentation, the court shall have seventy-two (72) hours to conduct
a hearing. If the court fails to conduct a hearing within such time,
the movant may present such motion to the presiding judge of the
D5*$+''&'%'5 +5( 6"8
judicial district, who shall conduct an emergency custody hearing
within twenty-four (24) hours of receipt of the motion.
B. If the court finds that any relevant information provided to
the court upon which the court relied to make its emergency custody
decision to be false, the court shall assess against the movant all
costs, attorney fees, and other expenses incurred as a result of such
emergency custody hearing. The movant shall pay all such costs, fees
and expenses within thirty (30) days. Failure to make such payment
shall be grounds for contempt, punishable by six (6) months in the
county jail, a fine not to exceed One Thousand Dollars ($1,000.00),
or both such imprisonment and fine.
Added by Laws 2010, c. 350, § 1, eff. Nov. 1, 2010.
§43-108. Parties in equal wrong - Custody of children - Disposition
of property.
That the parties appear to be in equal wrong shall not be a basis
for refusing to grant a divorce, but if a divorce is granted in such
circumstances, it shall be granted to both parties. In any such case
or where the court grants alimony without a divorce or in any case
where a divorce is refused, the court may for good cause shown make
such order as may be proper for the custody, maintenance and
education of the children, and for the control and equitable division
and disposition of the property of the parties, or of either of them,
as may be proper, equitable and just, having due regard to the time
and manner of acquiring such property, whether the title thereto be
in either or both of said parties.
R.L.1910, § 4966; Laws 1955, p. 142, § 1. Renumbered from Title 12, §
1275 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
§43-109. Awarding custody or appointing guardian - Joint custody –
Domestic violence, stalking, or harassment – Court considerations.
A. In awarding the custody of a minor unmarried child or in
appointing a general guardian for said child, the court shall
consider what appears to be in the best interests of the physical and
mental and moral welfare of the child.
B. The court, pursuant to the provisions of subsection A of this
section, may grant the care, custody, and control of a child to
either parent or to the parents jointly.
For the purposes of this section, the terms joint custody and
joint care, custody, and control mean the sharing by parents in all
or some of the aspects of physical and legal care, custody, and
control of their children.
C. If either or both parents have requested joint custody, said
parents shall file with the court their plans for the exercise of
joint care, custody, and control of their child. The parents of the
child may submit a plan jointly, or either parent or both parents may
submit separate plans. Any plan shall include but is not limited to
D5*$+''&'%'5 +5( 6"!
provisions detailing the physical living arrangements for the child,
child support obligations, medical and dental care for the child,
school placement, and visitation rights. A plan shall be accompanied
by an affidavit signed by each parent stating that said parent agrees
to the plan and will abide by its terms. The plan and affidavit shall
be filed with the petition for a divorce or legal separation or after
said petition is filed.
D. The court shall issue a final plan for the exercise of joint
care, custody, and control of the child or children, based upon the
plan submitted by the parents, separate or jointly, with appropriate
changes deemed by the court to be in the best interests of the child.
The court also may reject a request for joint custody and proceed as
if the request for joint custody had not been made.
E. The parents having joint custody of the child may modify the
terms of the plan for joint care, custody, and control. The
modification to the plan shall be filed with the court and included
with the plan. If the court determines the modifications are in the
best interests of the child, the court shall approve the
modifications.
F. The court also may modify the terms of the plan for joint
care, custody, and control upon the request of one parent. The court
shall not modify the plan unless the modifications are in the best
interests of the child.
G. 1. The court may terminate a joint custody decree upon the
request of one or both of the parents or whenever the court
determines said decree is not in the best interests of the child.
2. Upon termination of a joint custody decree, the court shall
proceed and issue a modified decree for the care, custody, and
control of the child as if no such joint custody decree had been
made.
H. In the event of a dispute between the parents having joint
custody of a child as to the interpretation of a provision of said
plan, the court may appoint an arbitrator to resolve said dispute.
The arbitrator shall be a disinterested person knowledgeable in
domestic relations law and family counseling. The determination of
the arbitrator shall be final and binding on the parties to the
proceedings until further order of the court.
If a parent refuses to consent to arbitration, the court may
terminate the joint custody decree.
I. 1. In every proceeding in which there is a dispute as to the
custody of a minor child, a determination by the court that domestic
violence, stalking, or harassment has occurred raises a rebuttable
presumption that sole custody, joint legal or physical custody, or
any shared parenting plan with the perpetrator of domestic violence,
harassing or stalking behavior is detrimental and not in the best
interest of the child, and it is in the best interest of the child to
D5*$+''&'%'5 +5( 6";
reside with the parent who is not a perpetrator of domestic violence,
harassing or stalking behavior.
2. For the purposes of this subsection:
a. “domestic violence” means the threat of the infliction
of physical injury, any act of physical harm or the
creation of a reasonable fear thereof, or the
intentional infliction of emotional distress by a
parent or a present or former member of the household
of the child, against the child or another member of
the household, including coercive control by a parent
involving physical, sexual, psychological, emotional,
economic or financial abuse,
b. “stalking” means the willful course of conduct by a
parent who repeatedly follows or harasses another
person as defined in Section 1173 of Title 21 of the
Oklahoma Statutes, and
c. “harassment” means a knowing and willful course or
pattern of conduct by a parent directed at another
parent which seriously alarms or is a nuisance to the
person, and which serves no legitimate purpose
including, but not limited to, harassing or obscene
telephone calls or conduct that would cause a
reasonable person to have a fear of death or bodily
injury.
3. If a parent is absent or relocates as a result of an act of
domestic violence by the other parent, the absence or relocation
shall not be a factor that weighs against the parent in determining
custody or visitation.
4. The court shall consider, as a primary factor, the safety and
well-being of the child and of the parent who is the victim of
domestic violence or stalking behavior, in addition to other facts
regarding the best interest of the child.
5. The court shall consider the history of the parent causing
physical harm, bodily injury, assault, verbal threats, stalking, or
harassing behavior, or the fear of physical harm, bodily injury, or
assault to another person, including the minor child, in determining
issues regarding custody and visitation.
Added by Laws 1983, c. 269, § 3, operative July 1, 1983. Renumbered
from § 1275.4 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1,
1989. Amended by Laws 2009, c. 307, § 1, eff. Nov. 1, 2009.
§43-109.1. Custody during parents' separation.
If the parents of a minor unmarried child are separated without
being divorced, the judge of the district court, upon application of
either parent, may issue any civil process necessary to inquire into
the custody of said minor unmarried child. The court may award the
custody of said child to either party or both, in accordance with the
D5*$+''&'%'5 +5( 62
best interests of the child, for such time and pursuant to such
regulations as the case may require. The decision of the judge shall
be guided by the rules prescribed in Section 2 of this act.
R.L. 1910, § 4384. Amended by Laws 1975, c. 352, § 1, emerg. eff.
June 12, 1975; Laws 1983, c. 269, § 1, operative July 1, 1983.
Renumbered from Title 10, § 21 by Laws 1990, c. 188, § 4, eff. Sept.
1, 1990.
§43-109.2. Paternity determination.
A. Except as otherwise provided by Section 7700-607 of Title 10
of the Oklahoma Statutes, in any action concerning the custody of a
minor unmarried child or the determination of child support, the
court may determine if the parties to the action are the parents of
the children. In a paternity action, prior to genetic testing to
establish paternity pursuant to the Uniform Parentage Act, the court
may award custody to the presumed father if it would be in the best
interests of the child. As used in this subsection, "presumed
father" means a man who, by operation of law under Section 7700-204
of Title 10 of the Oklahoma Statutes, is recognized as the father of
a child until that status is rebutted or confirmed in a judicial
proceeding.
B. If the parties to the action are the parents of the children,
the court may determine which party should have custody of said
children, may award child support to the parent to whom it awards
custody, and may make an appropriate order for payment of costs and
attorney fees.
Added by Laws 1976, c. 137, § 1, operative Oct. 1, 1976. Renumbered
from § 1277.2 of Title 12 by Laws 1994, c. 356, § 35, eff. Sept. 1,
1994. Amended by Laws 1997, c. 403, § 5, eff. Nov. 1, 1997; Laws
2008, c. 99, § 5, eff. Nov. 1, 2008; Laws 2015, c. 133, § 1, eff.
Nov. 1, 2015.
§43-109.3. Custody, guardianship or visitation cases - Evidence of
domestic abuse.
In every case involving the custody of, guardianship of or
visitation with a child, the court shall consider evidence of
domestic abuse, stalking and/or harassing behavior properly brought
before it. If the occurrence of domestic abuse, stalking or
harassing behavior is established by a preponderance of the evidence,
there shall be a rebuttable presumption that it is not in the best
interest of the child to have custody, guardianship, or unsupervised
visitation granted to the person against whom domestic abuse,
stalking or harassing behavior has been established.
Added by Laws 2006, c. 284, § 7, emerg. eff. June 7, 2006.
§43-109.4. Grandparental visitation rights.
D5*$+''&'%'5 +5( 6
A. 1. Pursuant to the provisions of this section, any
grandparent of an unmarried minor child may seek and be granted
reasonable visitation rights to the child which visitation rights may
be independent of either parent of the child if:
a. the district court deems it to be in the best interest
of the child pursuant to subsection E of this section,
and
b. there is a showing of parental unfitness, or the
grandparent has rebutted, by clear and convincing
evidence, the presumption that the fit parent is acting
in the best interests of the child by showing that the
child would suffer harm or potential harm without the
granting of visitation rights to the grandparent of the
child, and
c. the intact nuclear family has been disrupted in that
one or more of the following conditions has occurred:
(1) an action for divorce, separate maintenance or
annulment involving the grandchild's parents is
pending before the court, and the grandparent had
a preexisting relationship with the child that
predates the filing of the action for divorce,
separate maintenance or annulment,
(2) the grandchild's parents are divorced, separated
under a judgment of separate maintenance, or have
had their marriage annulled,
(3) the grandchild's parent who is a child of the
grandparent is deceased, and the grandparent had a
preexisting relationship with the child that
predates the death of the deceased parent unless
the death of the mother was due to complications
related to the birth of the child,
(4) except as otherwise provided in subsection C or D
of this section, legal custody of the grandchild
has been given to a person other than the
grandchild's parent, or the grandchild does not
reside in the home of a parent of the child,
(5) one of the grandchild's parents has had a felony
conviction and been incarcerated in the Department
of Corrections and the grandparent had a
preexisting relationship with the child that
predates the incarceration,
(6) grandparent had custody of the grandchild, whether
or not the grandparent had custody under a court
order, and there exists a strong, continuous
grandparental relationship between the grandparent
and the child,
D5*$+''&'%'5 +5( 6"
(7) the grandchild's parent has deserted the other
parent for more than one (1) year and there exists
a strong, continuous grandparental relationship
between the grandparent and the child,
(8) except as otherwise provided in subsection D of
this section, the grandchild's parents have never
been married, are not residing in the same
household and there exists a strong, continuous
grandparental relationship between the grandparent
and the child, or
(9) except as otherwise provided by subsection D of
this section, the parental rights of one or both
parents of the child have been terminated, and the
court determines that there is a strong,
continuous relationship between the child and the
parent of the person whose parental rights have
been terminated.
2. The right of visitation to any grandparent of an unmarried
minor child shall be granted only so far as that right is authorized
and provided by order of the district court.
B. Under no circumstances shall any judge grant the right of
visitation to any grandparent if the child is a member of an intact
nuclear family and both parents of the child object to the granting
of visitation.
C. If one natural parent is deceased and the surviving natural
parent remarries, any subsequent adoption proceedings shall not
terminate any preexisting court-granted grandparental rights
belonging to the parents of the deceased natural parent unless the
termination of visitation rights is ordered by the court having
jurisdiction over the adoption after opportunity to be heard, and the
court determines it to be in the best interest of the child.
D. 1. If the child has been born out of wedlock and the
parental rights of the father of the child have been terminated, the
parents of the father of the child shall not have a right of
visitation authorized by this section to the child unless:
a. the father of the child has been judicially determined
to be the father of the child, and
b. the court determines that a previous grandparental
relationship existed between the grandparent and the
child.
2. If the child is born out of wedlock and the parental rights
of the mother of the child have been terminated, the parents of the
mother of the child shall not have a right of visitation authorized
by this section to the child unless the court determines that a
previous grandparental relationship existed between the grandparent
and the child.
D5*$+''&'%'5 +5( 6
3. Except as otherwise provided by this section, the district
court shall not grant to any grandparent of an unmarried minor child,
visitation rights to that child:
a. subsequent to the final order of adoption of the child;
provided however, any subsequent adoption proceedings
shall not terminate any prior court-granted
grandparental visitation rights unless the termination
of visitation rights is ordered by the court after
opportunity to be heard and the district court
determines it to be in the best interest of the child,
or
b. if the child had been placed for adoption prior to
attaining six (6) months of age.
E. 1. In determining the best interest of the minor child, the
court shall consider and, if requested, shall make specific findings
of fact related to the following factors:
a. the needs of and importance to the child for a
continuing preexisting relationship with the
grandparent and the age and reasonable preference of
the child pursuant to Section 113 of this title,
b. the willingness of the grandparent or grandparents to
encourage a close relationship between the child and
the parent or parents,
c. the length, quality and intimacy of the preexisting
relationship between the child and the grandparent,
d. the love, affection and emotional ties existing between
the parent and child,
e. the motivation and efforts of the grandparent to
continue the preexisting relationship with the
grandchild,
f. the motivation of parent or parents denying visitation,
g. the mental and physical health of the grandparent or
grandparents,
h. the mental and physical health of the child,
i. the mental and physical health of the parent or
parents,
j. whether the child is in a permanent, stable,
satisfactory family unit and environment,
k. the moral fitness of the parties,
l. the character and behavior of any other person who
resides in or frequents the homes of the parties and
such person's interactions with the child,
m. the quantity of visitation time requested and the
potential adverse impact the visitation will have on
the customary activities of the child, and
n. if both parents are dead, the benefit in maintaining
the preexisting relationship.
D5*$+''&'%'5 +5( 6
2. For purposes of this subsection:
a. "harm or potential harm" means a showing that without
court-ordered visitation by the grandparent, the
child's emotional, mental or physical well-being could
reasonably or would be jeopardized,
b. "intact nuclear family" means a family consisting of
the married father and mother of the child,
c. "parental unfitness" includes, but is not limited to, a
showing that a parent of the child or a person residing
with the parent:
(1) has a chemical or alcohol dependency, for which
treatment has not been sought or for which
treatment has been unsuccessful,
(2) has a history of violent behavior or domestic
abuse,
(3) has an emotional or mental illness that
demonstrably impairs judgment or capacity to
recognize reality or to control behavior,
(4) has been shown to have failed to provide the child
with proper care, guidance and support to the
actual detriment of the child. The provisions of
this division include, but are not limited to,
parental indifference and parental influence on
his or her child or lack thereof that exposes such
child to unreasonable risk, or
(5) demonstrates conduct or condition which renders
him or her unable or unwilling to give a child
reasonable parental care. Reasonable parental
care requires, at a minimum, that the parent
provides nurturing and protection adequate to meet
the child's physical, emotional and mental health.
The determination of parental unfitness pursuant to
this subparagraph shall not be that which is equivalent
for the termination of parental rights, and
d. "preexisting relationship" means occurring or existing
prior to the filing of the petition for grandparental
visitation.
F. 1. The district courts are vested with jurisdiction to issue
orders granting grandparental visitation rights and to enforce
visitation rights, upon the filing of a verified petition for
visitation rights or enforcement thereof. Notice as ordered by the
court shall be given to the person or parent having custody of the
child. The venue of such action shall be in the court where there is
an ongoing proceeding that involves the child, or if there is no
ongoing proceeding, in the county of the residence of the child or
parent.
D5*$+''&'%'5 +5( 64
2. When a grandparent of a child has been granted visitation
rights pursuant to this section and those rights are unreasonably
denied or otherwise unreasonably interfered with by any parent of the
child, the grandparent may file with the court a motion for
enforcement of visitation rights. Upon filing of the motion, the
court shall set an initial hearing on the motion. At the initial
hearing, the court shall direct mediation and set a hearing on the
merits of the motion.
3. After completion of any mediation pursuant to paragraph 2 of
this subsection, the mediator shall submit the record of mediation
termination and a summary of the parties' agreement, if any, to the
court. Upon receipt of the record of mediation termination, the
court shall enter an order in accordance with the parties' agreement,
if any.
4. Notice of a hearing pursuant to paragraph 2 or 3 of this
subsection shall be given to the parties at their last-known address
or as otherwise ordered by the court, at least ten (10) days prior to
the date set by the court for hearing on the motion. Provided, the
court may direct a shorter notice period if the court deems such
shorter notice period to be appropriate under the circumstances.
5. Appearance at any court hearing pursuant to this subsection
shall be a waiver of the notice requirements prior to such hearing.
6. If the court finds that visitation rights of the grandparent
have been unreasonably denied or otherwise unreasonably interfered
with by the parent, the court shall enter an order providing for one
or more of the following:
a. a specific visitation schedule,
b. compensating visitation time for the visitation denied
or otherwise interfered with, which time may be of the
same type as the visitation denied or otherwise
interfered with, including but not limited to holiday,
weekday, weekend, summer, and may be at the convenience
of the grandparent,
c. posting of a bond, either cash or with sufficient
sureties, conditioned upon compliance with the order
granting visitation rights, or
d. assessment of reasonable attorney fees, mediation
costs, and court costs to enforce visitation rights
against the parent.
7. If the court finds that the motion for enforcement of
visitation rights has been unreasonably filed or pursued by the
grandparent, the court may assess reasonable attorney fees, mediation
costs, and court costs against the grandparent.
G. In addition to any other remedy authorized by this section or
otherwise provided by law, any party violating an order of the court
made pursuant to this section, upon conviction thereof, shall be
guilty of contempt of court.
D5*$+''&'%'5 +5( 67
H. Any transportation costs or other costs arising from any
visitation ordered pursuant to this section shall be paid by the
grandparent or grandparents requesting such visitation.
I. In any action for grandparental visitation pursuant to this
section, the court may award attorney fees and costs, as the court
deems equitable.
J. For the purposes of this section, the term "grandparent"
shall include "great-grandparent".
R.L. 1910, § 4368. Amended by Laws 1971, c. 82, § 1, emerg. eff.
April 26, 1971; Laws 1975, c. 185, § 1, emerg. eff. May 23, 1975;
Laws 1978, c. 71, § 1; Laws 1981, c. 273, § 1; Laws 1984, c. 82, § 1,
emerg. eff. April 4, 1984; Laws 1989, c. 211, § 1, eff. Nov. 1, 1989;
Laws 1990, c. 206, § 1, emerg. eff. May 14, 1990; Laws 1996, c. 297,
§ 20, emerg. eff. June 10, 1996; Laws 1997, c. 389, § 19, eff. Nov.
1, 1997; Laws 1999, c. 383, § 1, eff. Nov. 1, 1999; Laws 2000, c.
246, § 1, eff. Nov. 1, 2000; Laws 2003, c. 268, § 1, eff. Nov. 1,
2003; Laws 2007, c. 102, § 1, emerg. eff. May 7, 2007; Laws 2008, c.
290, § 1, emerg. eff. June 2, 2008. Renumbered from § 5 of Title 10
by Laws 2009, c. 233, § 197, emerg. eff. May 21, 2009. Amended by
Laws 2016, c. 60, § 1, eff. Nov. 1, 2016.
§43-109.5. Voluntary relinquishment of physical custody –
Presumption.
When an order has been entered which provides for payment of
child support and the legal custodian places physical custody of the
child with any person, subject to the provisions of the Oklahoma
Children's Code or this title, without obtaining a modification of
the order to change legal custody, the placement of the physical
custody, by operation of law, shall create a presumption that such
person with whom the child was placed has legal physical custody of
the child for the purposes of the payment of child support and the
obligee shall remit such child support obligation to the person with
whom the placement was made.
Added by Laws 1987, c. 230, § 20, eff. Oct. 1, 1987. Amended by Laws
1998, c. 415, § 46, emerg. eff. June 11, 1998. Renumbered from § 38
of Title 10 by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.
Renumbered from § 7202.3 of Title 10 by Laws 2009, c. 233, § 208,
emerg. eff. May 21, 2009. Amended by Laws 2010, c. 358, § 9, emerg.
eff. June 7, 2010.
§43-109.6. Certain information and records to be available to both
custodial and noncustodial parent.
Any information or any record relating to a minor child which is
available to the custodial parent of the child, upon request, shall
also be provided the noncustodial parent of the child. Provided,
however, that this right may be restricted by the court, upon
application, if such action is deemed necessary in the best interests
D5*$+''&'%'5 +5( 68
of the child. For the purpose of this section, "information" and
"record" shall include, but not be limited to, information and
records kept by the school, physician and medical facility of the
minor child.
Added by Laws 1982, c. 99, § 1, operative Oct. 1, 1982. Renumbered
from § 5.2 of Title 10 by Laws 2009, c. 233, § 198, emerg. eff. May
21, 2009.
§43-110. Automatic temporary injunction – Temporary orders.
A. 1. Except as otherwise provided by this subsection, upon the
filing of a petition for dissolution of marriage, annulment of a
marriage or legal separation by the petitioner and upon personal
service of the petition and summons on the respondent, or upon waiver
and acceptance of service by the respondent, an automatic temporary
injunction shall be in effect against both parties pursuant to the
provisions of this section:
a. restraining the parties from transferring, encumbering,
concealing, or in any way disposing of, without the
written consent of the other party or an order of the
court, any marital property, except in the usual course
of business, for the purpose of retaining an attorney
for the case or for the necessities of life and
requiring each party to notify the other party of any
proposed extraordinary expenditures and to account to
the court for all extraordinary expenditures made after
the injunction is in effect,
b. restraining the parties from:
(1) intentionally or knowingly damaging or destroying
the tangible property of the parties, or of either
of them, specifically including, but not limited
to, any electronically stored materials,
electronic communications, social network data,
financial records, and any document that
represents or embodies anything of value,
(2) making any withdrawal for any purpose from any
retirement, profit-sharing, pension, death, or
other employee benefit plan or employee savings
plan or from any individual retirement account or
Keogh account,
(3) withdrawing or borrowing in any manner all or any
part of the cash surrender value of any life
insurance policies on either party or their
children,
(4) changing or in any manner altering the beneficiary
designation on any life insurance policies on the
life of either party or any of their children,
D5*$+''&'%'5 +5( 6!
(5) canceling, altering, or in any manner affecting
any casualty, automobile, or health insurance
policies insuring the parties' property or
persons,
(6) opening or diverting mail addressed to the other
party, and
(7) signing or endorsing the other party's name on any
negotiable instrument, check, or draft, such as
tax refunds, insurance payments, and dividends, or
attempting to negotiate any negotiable instruments
payable to either party without the personal
signature of the other party,
c. requiring the parties to maintain all presently
existing health, property, life and other insurance
which the individual is presently carrying on any
member of this family unit, and to cooperate as
necessary in the filing and processing of claims. Any
employer-provided health insurance currently in
existence shall remain in full force and effect for all
family members,
d. enjoining both parties from molesting or disturbing the
peace of the other party or of the children to the
marriage,
e. restraining both parties from disrupting or withdrawing
their children from an educational facility and
programs where the children historically have been
enrolled, or day care,
f. restraining both parties from hiding or secreting their
children from the other party,
g. restraining both parties from removing the minor
children of the parties, if any, beyond the
jurisdiction of the State of Oklahoma, acting directly
or in concert with others, except for vacations of two
(2) weeks or less duration, without the prior written
consent of the other party, which shall not be
unreasonably withheld, and
h. requiring, unless otherwise agreed upon by the parties
in writing, the delivery by each party to the other
within thirty (30) days from the earlier of either the
date of service of the summons or the filing of an
initial pleading by the respondent, the following
documents:
(1) the federal and state income tax returns of each
party for the past two (2) years and any
nonpublic, limited partnership and privately held
corporate returns for any entity in which either
party has an interest, together with all
D5*$+''&'%'5 +5( 6;
supporting documentation for the tax returns,
including but not limited to W-2 forms, 1099
forms, K-1 forms, Schedule C and Schedule E. If a
return is not completed at the time of disclosure,
the parties shall provide the documents necessary
to prepare the tax return of the party, to include
W-2 forms, 1099 forms, K-1 forms, copies of
extension requests and estimated tax payments,
(2) two (2) months of the most recent pay stubs from
each employer for whom the party worked,
(3) statements for the past six (6) months for all
bank accounts held in the name of either party
individually or jointly, or in the name of another
person for the benefit of either party, or held by
either party for the benefit of the minor child or
children of the parties,
(4) documentation regarding the cost and nature of
available health insurance coverage for the
benefit of either party or the minor child or
children of the parties,
(5) documentation regarding the cost and nature of
employment or educationally related child care
expenses incurred for the benefit of the minor
child or children of the parties, and
(6) documentation regarding all debts in the name of
either party individually or jointly, showing the
most recent balance due and payment terms.
2. If either party is not in possession of a document required
pursuant to subparagraph h of paragraph 1 of this subsection or has
not been able to obtain the document in a timely fashion, the party
shall state in verified writing, under the penalty of perjury, the
specific document which is not available, the reasons the document is
not available, and what efforts have been made to obtain the
document. As more information becomes available, there is a
continuing duty to supplement the disclosures.
3. Nothing in this subsection shall prohibit a party from
conducting further discovery pursuant to the Oklahoma Discovery Code.
4. a. The provisions of the automatic temporary injunction
shall be printed as an attachment to the summons and
the petition and entitled “Automatic Temporary
Injunction Notice”.
b. The automatic temporary injunction notice shall contain
a provision which will allow the parties to waive the
automatic temporary injunction. In addition, the
provision must state that unless both parties have
agreed and have signed their names in the space
provided, that the automatic temporary injunction will
D5*$+''&'%'5 +5( 62
be effective. Along with the waiver provision, the
notice shall contain a check box and space available
for the signatures of the parties.
5. The automatic temporary injunction shall become an order of
the court upon fulfillment of the requirements of paragraph 1 of this
subsection unless and until:
a. the automatic temporary injunction is waived by the
parties. Both parties must indicate on the automatic
temporary injunction notice in the space provided that
the parties have both agreed to waive the automatic
temporary injunction. Each party must sign his or her
own name on the notice in the space provided, or
b. a party, no later than three (3) days after service on
the party, files an objection to the injunction and
requests a hearing. Provided, the automatic temporary
injunction shall remain in effect until the hearing and
a judge orders the injunction removed.
6. The automatic temporary injunction shall be dissolved upon
the granting of the dissolution of marriage, final order of legal
separation or other final order.
7. Nothing in this subsection shall preclude either party from
applying to the court for further temporary orders, pursuant to this
section, an expanded automatic temporary injunction, or modification
or revocation thereto.
8. a. With regard to an automatic temporary injunction, when
a petition for dissolution of marriage, annulment of a
marriage, or a legal separation is filed and served, a
peace officer shall use every reasonable means to
enforce the injunction which enjoins both parties from
molesting or disturbing the peace of the other party or
the children of the marriage against a petitioner or
respondent, whenever:
(1) there is exhibited by a respondent or by the
petitioner to the peace officer a copy of the
petition or summons, with an attached Temporary
Injunction Notice, duly filed and issued pursuant
to this section, together with a certified copy of
the affidavit of service of process or a certified
copy of the waiver and acceptance of service, and
(2) the peace officer has cause to believe that a
violation of the automatic temporary injunction
has occurred.
b. A peace officer shall not be held civilly or criminally
liable for his or her action pursuant to this paragraph
if his or her action is in good faith and without
malice.
D5*$+''&'%'5 +5( 6
B. After a petition has been filed in an action for dissolution
of marriage or legal separation either party may request the court to
issue:
1. A temporary order:
a. regarding child custody, support or visitation,
b. regarding spousal maintenance,
c. regarding payment of debt,
d. regarding possession of property,
e. regarding attorney fees, and
f. providing other injunctive relief proper in the
circumstances.
All applications for temporary orders shall set forth the factual
basis for the application and shall be verified by the party seeking
relief. The application and a notice of hearing shall be served on
the other party in any manner provided for in the Rules of Civil
Procedure.
The court shall not issue a temporary order until at least five
(5) days' notice of hearing is given to the other party.
After notice and hearing, a court may issue a temporary order
granting the relief as provided by this paragraph; and/or
2. A temporary restraining order. If the court finds on the
basis of a verified application and testimony of witnesses that
irreparable harm will result to the moving party, or a child of a
party if no order is issued before the adverse party or attorney for
the adverse party can be heard in opposition, the court may issue a
temporary restraining order which shall become immediately effective
and enforceable without requiring notice and opportunity to be heard
to the other party. Provided, for the purposes of this section, no
minor child or children temporarily residing in a licensed, certified
domestic violence shelter in the state shall be removed by an ex
parte order. If a temporary restraining order is issued pursuant to
this paragraph, the motion for a temporary order shall be set within
ten (10) days.
C. Any temporary orders and the automatic temporary injunction,
or specific terms thereof, may be vacated or modified prior to or in
conjunction with a final decree on a showing by either party of facts
necessary for vacation or modification. Temporary orders and the
automatic temporary injunction terminate when the final judgment on
all issues, except attorney fees and costs, is rendered or when the
action is dismissed. The court may reserve jurisdiction to rule on
an application for a contempt citation for a violation of a temporary
order or the automatic temporary injunction which is filed any time
prior to the time the temporary order or injunction terminates.
D. Upon granting a decree of dissolution of marriage, annulment
of a marriage, or legal separation, the court may require either
party to pay such reasonable expenses of the other as may be just and
proper under the circumstances.
D5*$+''&'%'5 +5( 6"
E. The court may in its discretion make additional orders
relative to the expenses of any such subsequent actions, including
but not limited to writs of habeas corpus, brought by the parties or
their attorneys, for the enforcement or modification of any
interlocutory or final orders in the dissolution of marriage action
made for the benefit of either party or their respective attorneys.
R.L.1910, § 4967. Amended by Laws 1965, c. 7, § 1, emerg. eff. Feb.
9, 1965; Laws 1976, c. 256, § 1. Renumbered from § 1276 of Title 12
by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1991,
c. 113, § 4, eff. Sept. 1, 1991; Laws 1992, c. 252, § 1, eff. Sept.
1, 1992; Laws 1997, c. 403, § 9, eff. Nov. 1, 1997; Laws 2002, c.
400, § 6, eff. Nov. 1, 2002; Laws 2003, c. 302, § 3, emerg. eff. May
28, 2003; Laws 2010, c. 234, § 1, eff. Nov. 1, 2010; Laws 2011, c.
237, § 1, eff. Nov. 1, 2011.
§43-110.1. Shared parenting - Policy.
It is the policy of this state to assure that minor children have
frequent and continuing contact with parents who have shown the
ability to act in the best interests of their children and to
encourage parents to share in the rights and responsibilities of
rearing their children after the parents have separated or dissolved
their marriage, provided that the parents agree to cooperate and that
domestic violence, stalking, or harassing behaviors as defined in
Section 109 of this title are not present in the parental
relationship. To effectuate this policy, if requested by a parent,
the court may provide substantially equal access to the minor
children to both parents at a temporary order hearing, unless the
court finds that shared parenting would be detrimental to the child.
Added by Laws 1999, c. 301, § 3, eff. Nov. 1, 1999. Amended by Laws
2001, c. 61, § 1, eff. Nov. 1, 2001; Laws 2009, c. 307, § 2, eff.
Nov. 1, 2009.
§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy –
Definitions.
A. This section shall be known and may be cited as the "Oklahoma
Child Supervised Visitation Program".
B. It is the policy of this state to ensure that the health,
safety, and welfare of the child is paramount when supervised
visitation is ordered by the court.
C. For purposes of the Oklahoma Child Supervised Visitation
Program:
1. "Supervised visitation" means the court-ordered contact
between a noncustodial parent and one or more children of such parent
in the presence of a third-party person who is responsible for
observing and overseeing the visitation in order to provide for the
safety of the child and any other parties during the visitation. The
D5*$+''&'%'5 +5( 6
court may require supervised visitation when deemed necessary by the
court to protect the child or other parties;
2. An "alcohol-dependent person" has the same meaning as such
term defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
3. A "drug-dependent person" has the same meaning as such term
defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and
4. "Domestic abuse" has the same meaning as such term defined in
Section 60.1 of Title 22 of the Oklahoma Statutes.
D. 1. The associate district judge in each county within this
state may select trained volunteers to provide supervised visitation
pursuant to the Oklahoma Child Supervised Visitation Program.
2. The associate district judge of each county may appoint a
judicial district supervised visitation team to:
a. identify public and private entities which will be
willing to provide location sites for purposes of the
Oklahoma Child Supervised Visitation Program,
b. identify individuals who will be willing to serve as
third-party persons to observe and oversee court-
ordered supervised visitations,
c. establish training requirements for volunteers,
d. identify programs which may be available for the
training of the volunteers including, but not limited
to, the Department of Human Services, Office of the
Attorney General, child advocacy centers, domestic
violence groups, and the Department of Mental Health
and Substance Abuse Services,
e. develop written protocol for handling supervised
visitations so as to provide safety of the child and
other parties during the supervised visitation,
f. develop application forms for volunteers applying for
the Oklahoma Child Supervised Visitation Program.
Information listed on the form shall include, but not
be limited to:
(1) name, address and phone number of the volunteer,
(2) place of employment and phone number of the
volunteer,
(3) areas of expertise,
(4) listing of professional training in areas
including, but not limited to, child abuse,
domestic abuse, alcohol or drug abuse, mental
illness or conflict management,
(5) consent form specifying release of information,
and
(6) professional references, and
g. identify which information of the parties and the child
will be confidential and which may be available to
others.
D5*$+''&'%'5 +5( 6
3. From recommendations of the team established pursuant to this
subsection, the associate district judge in each county within this
state may authorize one or more public or private agencies to provide
location sites for the Oklahoma Child Supervised Visitation Program.
A district judge may require either party requesting supervised
visitation of a child to identify a trained third-party volunteer to
observe and oversee the visitation. A district court shall not:
a. require any state agency location or state employee to
observe and oversee any supervised visitation, or
b. appoint a third party to observe and oversee a
supervised visitation who has not received the training
as specified by the judicial district supervised
visitation team unless agreed to by the parties.
4. A participating public or private agency location site may
charge a fee for each visit.
E. The protocol for supervised visitation established by each
judicial district supervised visitation team may require that:
1. The location site require each participant who has court-
ordered supervised visitation for a child and who is participating in
the supervised visitation program to sign a time log upon arrival and
departure. The agency location site must have an employee assigned
to verify identification of each participant, initial each signature,
and record the time of arrival and departure of each person; and
2. The agency location site also contain information on each
client case including, but not limited to:
a. a copy of the court order requiring supervised
visitation, and
b. name of individuals authorized to pick up or deliver a
child to the agency location site for supervised
visitation.
F. Each judicial district supervised visitation team may
include, but not be limited to:
1. Mental health professionals;
2. Police officers or other law enforcement agents;
3. Medical personnel;
4. Child protective services workers;
5. Child advocacy individuals; and
6. The district attorney or designee.
G. An associate district judge of a county, the judicial
district supervised visitation team created pursuant to this section
and the Office of the Court Administrator may develop an
informational brochure outlining the provisions of the Oklahoma Child
Supervised Visitation Program and procedures to be used by volunteers
in that judicial district. The brochure may be distributed through
the municipal and district court, social service agency centers,
county health departments, hospitals, crisis or counseling centers,
and community action agencies.
D5*$+''&'%'5 +5( 64
H. Except for acts of dishonesty, willful criminal acts, or
gross negligence, no member of the judicial district supervised
visitation team or volunteer shall be charged personally with any
liability whatsoever by reason of any act or omission committed or
suffered in the performance of the duties pursuant to the provisions
of this section.
I. The provisions of this section shall not apply to cases
subject to the Oklahoma Children's Code and the Oklahoma Juvenile
Code.
Added by Laws 2004, c. 415, § 5, eff. Dec. 15, 2004. Amended by Laws
2017, c. 230, § 1, eff. Nov. 1, 2017.
§43-110.2. Blood, saliva, urine or any other tests – Child custody
or visitation.
In any action in which the custody of or the visitation with a
child is a relevant fact and at issue, the court may order the
mother, the child or father to submit to blood, saliva, urine or any
other test deemed necessary by the court in determining that the
custody of or visitation with the child will be in the best interests
of the child. If so ordered and any party or child refuses to submit
to such tests, the court may enforce its order if the rights of
others and the interests of justice so require unless such individual
is found to have good cause for refusing to cooperate.
Added by Laws 2004, c. 422, § 2, eff. July 1, 2004.
§43-111. Indirect contempt for disobedience of certain orders
relating to divorce or separate maintenance actions.
Any order pertaining to the division of property pursuant to a
divorce or separate maintenance action, if willfully disobeyed, may
be enforced as an indirect contempt of court.
Added by Laws 1982, c. 14, § 1. Renumbered from Title 12, § 1276.2
by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1992,
c. 252, § 2, eff. Sept. 1, 1992.
§43-111.1. Minimum visitation between noncustodial parent and child
– Domestic violence or stalking – Failure to pay child support -
Enforcement of visitation order.
A. 1. Any order providing for the visitation of a noncustodial
parent with any of the children of such noncustodial parent shall
provide a specified minimum amount of visitation between the
noncustodial parent and the child unless the court determines
otherwise.
2. Except for good cause shown and when in the best interests of
the child, the order shall encourage additional visitations of the
noncustodial parent and the child and in addition encourage liberal
telephone communications between the noncustodial parent and the
child.
D5*$+''&'%'5 +5( 67
3. The court may award visitation by a noncustodial parent who
was determined to have committed domestic violence or engaged in
stalking behavior as defined in Section 109 of this title, if the
court is able to provide for the safety of the child and the parent
who is the victim of that domestic violence.
4. In a visitation order, the court shall provide for the
safety of the minor child and victim of domestic violence, stalking,
or harassment as defined in Section 109 of this title, and subject to
the provisions of Section 109 of this title, may:
a. order the exchange of a child to be facilitated by a
third party where the parents do not have any contact
with each other,
b. order an exchange of a child to occur in a protected
setting,
c. order visitation supervised by another person or
agency,
d. order the abusive, stalking, or harassing parent to pay
a fee to help defray the costs of supervised visitation
or other costs of child exchanges, including
compensating third parties,
e. order the abusive, stalking, or harassing parent to
attend and complete, to the satisfaction of the court,
an intervention program for batterers certified by the
Office of the Attorney General,
f. prohibit unsupervised or overnight visitation until the
abusive, stalking, or harassing parent has successfully
completed a specialized program for abusers and the
parent has neither threatened nor exhibited violence
for a substantial period of time,
g. order the abusive, stalking, or harassing parent to
abstain from the possession or consumption of alcohol
or controlled substances during the visitation and for
twenty-four (24) hours preceding visitation,
h. order the abusive, stalking, or harassing parent to
complete a danger/lethality assessment by a qualified
mental health professional, and
i. impose any other condition that is deemed necessary to
provide for the safety of the child, the victim of
domestic violence, stalking, or harassing behavior, or
another household member.
5. The court shall not order a victim of domestic violence,
stalking, or harassment to be present during child visitation
exchange if the victim of domestic violence, stalking, or harassment
objects to being present.
6. Visitation shall be terminated if:
a. the abusive, stalking, or harassing parent repeatedly
violates the terms and conditions of visitation,
D5*$+''&'%'5 +5( 68
b. the child becomes severely distressed in response to
visitation, including the determination by a mental
health professional or certified domestic violence
specialist that visitation with the abusive, stalking,
or harassing parent is causing the child severe
distress which is not in the best interest of the
child, or
c. there are clear indications that the abusive, stalking,
or harassing parent has threatened to either harm or
flee with the child, or has threatened to harm the
custodial parent.
7. Whether or not visitation is allowed, the court shall order
the address of the child and the victim of domestic violence,
stalking, or harassing behavior to be kept confidential if requested.
a. The court may order that the victim of domestic
violence, stalking, or harassing behavior participate
in the address confidentiality program available
pursuant to Section 60.14 of Title 22 of the Oklahoma
Statutes.
b. The abusive, stalking, or harassing parent may be
denied access to the medical and educational records of
the child if those records may be used to determine the
location of the child.
B. 1. Except for good cause shown, when a noncustodial parent
who is ordered to pay child support and who is awarded visitation
rights fails to pay child support, the custodial parent shall not
refuse to honor the visitation rights of the noncustodial parent.
2. When a custodial parent refuses to honor the visitation
rights of the noncustodial parent, the noncustodial parent shall not
fail to pay any ordered child support or alimony.
C. 1. Violation of an order providing for the payment of child
support or providing for the visitation of a noncustodial parent with
any of the children of such noncustodial parent may be prosecuted as
indirect civil contempt pursuant to Section 566 of Title 21 of the
Oklahoma Statutes or as otherwise deemed appropriate by the court.
2. Any person complying in good faith with the provisions of
Section 852.1 of Title 21 of the Oklahoma Statutes, by refusing to
allow his or her child to be transported by an intoxicated driver,
shall have an affirmative defense to a contempt of court proceeding
in a divorce or custody action.
3. Unless good cause is shown for the noncompliance, the
prevailing party shall be entitled to recover court costs and
attorney fees expended in enforcing the order and any other
reasonable costs and expenses incurred in connection with the denied
child support or denied visitation as authorized by the court.
Added by Laws 1989, c. 285, § 1, emerg. eff. May 24, 1989. Amended
by Laws 1990, c. 171, § 1, operative July 1, 1990. Renumbered from §
D5*$+''&'%'5 +5( 6!
1276.3 of Title 12 by Laws 1990, c. 171, § 3, operative July 1, 1990
and by Laws 1990, c. 188, § 2, eff. Sept. 1, 1990. Amended by Laws
1999, c. 301, § 1, eff. Nov. 1, 1999; Laws 2000, c. 384, § 4, eff.
Nov. 1, 2000; Laws 2009, c. 143, § 3, eff. July 1, 2009; Laws 2009,
c. 307, § 3, eff. Nov. 1, 2009.
§43-111.1A. Standard visitation schedule – Advisory guidelines.
A. By January 1, 2005, the Administrative Director of the Courts
shall have developed a standard visitation schedule and advisory
guidelines which may be used by the district courts of this state as
deemed necessary.
B. The standard visitation schedule should include a minimum
graduated visitation schedule for children under the age of five (5)
years and a minimum graduated visitation schedule for children five
(5) years of age through seventeen (17) years of age. In addition,
the standard visitation schedule should address:
1. Midweek and weekend time-sharing;
2. Differing geographical residences of the custodian and
noncustodian of the child requesting visitation;
3. Holidays, including Friday and Monday holidays;
4. Summer vacation break;
5. Midterm school breaks;
6. Notice requirements and authorized reasons for cancellations
of visitation;
7. Transportation and transportation costs, including pick up
and return of the child;
8. Religious, school, and extracurricular activities;
9. Grandparent and relative contact;
10. The birthday of the child;
11. Sibling visitation schedules;
12. Special circumstances, including, but not limited to,
emergencies; and
13. Any other standards deemed necessary by the Administrative
Director of the Courts.
C. 1. The Administrative Director of the Courts shall develop
advisory guidelines for use by the district courts when parties to
any action concerning the custody of a child are unable to mutually
agree upon a visitation schedule.
2. The advisory guidelines should include the following
considerations at a minimum:
a. a preference for visitation schedules that are mutually
agreed upon by both parents over a court-imposed
solution,
b. a visitation schedule which should maximize the
continuity and stability of the life of the child,
c. special considerations should be given to each parent
to make the child available to attend family functions,
D5*$+''&'%'5 +5( 6;
including funerals, weddings, family reunions,
religious holidays, important ceremonies, and other
significant events in the life of the child or in the
life of either parent which may inadvertently conflict
with the visitation schedule,
d. a visitation schedule which will not interrupt the
regular school hours of the child,
e. a visitation schedule should reasonably accommodate the
work schedule of both parents and may increase the
visitation time allowed to the noncustodial parent but
should not diminish the standardized visitation
schedule provided in Section 111.1 of Title 43 of the
Oklahoma Statutes,
f. a visitation schedule should reasonably accommodate the
distance between the parties and the expense of
exercising visitation,
g. each parent should permit and encourage liberal
electronic contact during reasonable hours and
uncensored mail privileges with the child, and
h. each parent should be entitled to an equal division of
major religious holidays celebrated by the parents, and
the parent who celebrates a religious holiday that the
other parent does not celebrate shall have the right to
be together with the child on the religious holiday.
D. The Administrative Director of the Courts shall:
1. Make the standard visitation schedule and advisory guidelines
available to the district courts of this state; and
2. Periodically review and update the guidelines as deemed
necessary.
Added by Laws 2004, c. 422, § 1, eff. July 1, 2004.
§43-111.2. Civil action for child stealing.
Any person who is not a party to a child custody proceeding, and
who intentionally removes, causes the removal of, assists in the
removal of, or detains any child under eighteen (18) years of age
with intent to deny another person's right to custody of the child or
visitation under an existing court order shall be liable in an action
at law. Remedies available pursuant to this section are in addition
to any other remedies available by law or equity and may include, but
shall not be limited to, the following:
1. Damages for loss of service, society, and companionship;
2. Compensatory damages for reasonable expenses incurred in
searching for the missing child or attending court hearings; and
3. The prevailing party in such action shall be awarded
reasonable attorney fees.
Added by Laws 1995, c. 219, § 1, eff. Nov. 1, 1995.
D5*$+''&'%'5 +5( 642
§43-111.3. Duty to facilitate visitation - Interference with
visitation rights of noncustodial parent - Motion for enforcement.
A. Any order of the court providing for visitation shall contain
a provision stating that the custodial parent has a duty to
facilitate visitation of a minor child with the noncustodial parent.
B. When a noncustodial parent has been granted visitation rights
and those rights are denied or otherwise interfered with by the
custodial parent, in addition to the remedy provided in subsection B
of Section 111.1 of this title, the noncustodial parent may file with
the court clerk a motion for enforcement of visitation rights. The
motion shall be filed on a form provided by the court clerk. Upon
filing of the motion, the court shall immediately set a hearing on
the motion, which shall be not more than twenty-one (21) days after
the filing of the motion.
C. Notice of a hearing pursuant to subsection A of this section
shall be given to all interested parties by certified mail, return
receipt requested, or as ordered by the court.
D. If the court finds that visitation rights of the
noncustodial parent have been unreasonably denied or otherwise
interfered with by the custodial parent, the court shall enter an
order providing for one or more of the following:
1. A specific visitation schedule;
2. Compensating visitation time for the visitation denied or
otherwise interfered with, which time shall be of the same type (e.g.
holiday, weekday, weekend, summer) as the visitation denied or
otherwise interfered with, and shall be at the convenience of the
noncustodial parent;
3. Posting of a bond, either cash or with sufficient sureties,
conditioned upon compliance with the order granting visitation
rights;
4. Attendance of one or both parents at counseling or
educational sessions which focus on the impact of visitation disputes
on children;
5. Supervised visitation; or
6. Any other remedy the court considers appropriate, which may
include an order which modifies a prior order granting child custody.
E. The prevailing party shall be granted reasonable attorney
fees, mediation costs, and court costs.
F. Final disposition of a motion filed pursuant to this section
shall take place no later than forty-five (45) days after filing of
the motion.
G. The Office of the Court Administrator shall maintain on the
OSCN system the form required by subsection A of this section to be
used for a motion to enforce visitation rights which shall be in
substantially the following form:
IN THE DISTRICT COURT OF _______________________ COUNTY
STATE OF OKLAHOMA
D5*$+''&'%'5 +5( 64
_______________, Petitioner/Plaintiff,
v.
_______________, Respondent/Defendant.
Case No. _______________
Assigned Judge ___________________________
MOTION FOR ENFORCEMENT OF NON-CUSTODIAL PARENT VISITATION RIGHTS
The undersigned Non-Custodial Parent in the above case moves the
Court, pursuant to the provisions of Section 111.3 of Title 43 of the
Oklahoma Statutes, to enforce visitation rights which have been
unreasonably denied or interfered with by the Custodial Parent.
The Name(s) and Age(s) of the Child(ren) to which my visitation
rights have been unreasonably denied are:
__________________________________
Date of Birth: _____________________________
__________________________________
Date of Birth: _____________________________
__________________________________
Date of Birth: _____________________________
The approximate date of my last visit with the Child(ren) was:
___________________________________________________________________.
Within the past 12 months, I have visited with the Child(ren)
approximately _________ of times of visitation times.
Within the past 12 months, I have been denied requested visitation
approximately _________ of times of denied visitation times.
On the attached page, I have stated THE SPECIFIC DETAILS as to how
and when my visitation with the Child(ren) was denied.
Signed under penalties of perjury this ________ day of
________________________, 20______.
My Signature: ________________________________________
My Full Name:
___________________________________________________________________
My Mailing Address:
___________________________________________________________________
My Telephone Numbers:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Subscribed and sworn to before me this _____ day of __________, 20__.
____________________________
Notary Public (or Clerk or Judge)
My Commission Expires:
______________________
ORDER
The people of the State of Oklahoma, to the within-named defendant:
You are hereby directed to appear and answer the foregoing claim and
to have with you all books, papers, and witnesses needed by you to
establish your defense to the claim.
D5*$+''&'%'5 +5( 64"
This matter shall be heard at ____________________ (name or address
of building), in _______________, County of _______________, State of
Oklahoma, at the hour of _____ o'clock of the _____ day of
__________, 20__. And you are further notified that in case you do
not so appear judgment will be given against you as follows:
For the enforcement or modification of custody as requested by the
movant.
And, in addition, for costs of the action (including attorney fees
where provided by law), including costs of service of the order.
Dated this _____ day of __________, 20__.
________________________________________
Clerk of the Court (or Judge)
A copy of this order must be mailed by certified mail, return receipt
requested to the non-moving party and return of service brought to
the hearing.
Added by Laws 1998, c. 407, § 42, eff. Nov. 1, 1998. Amended by Laws
2014, c. 411, § 1, eff. Nov. 1, 2014.
§43-111.4. Protection of child from child abuse or neglect or
domestic violence by parent – Suspension of visitation.
A. A parent who, in good faith and with a reasonable belief
supported by fact, determines that the child of that parent is the
victim of child abuse or neglect, or suffers from effects of domestic
violence, may take necessary actions to protect the child, including
refusing to permit visitation.
B. In cases in which there is evidence to substantiate suspected
or confirmed child abuse or neglect, visitation shall be suspended.
Added by Laws 2009, c. 307, § 4, eff. Nov. 1, 2009.
§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:
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
D5*$+''&'%'5 +5( 64
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.
4. In any action, there shall be neither a legal preference or a
presumption for or against private or public school or home-schooling
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
D5*$+''&'%'5 +5( 64
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 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. Full-time 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
D5*$+''&'%'5 +5( 644
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. 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.
D5*$+''&'%'5 +5( 647
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 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;
D5*$+''&'%'5 +5( 648
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.
§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 Oklahoma 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 an individual 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.
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 Oklahoma Sex Offenders Registration Act or any
similar act in any other state;
D5*$+''&'%'5 +5( 64!
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 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 convicted of domestic abuse within
the past five (5) years.
C. Custody of, guardianship of, or visitation with a child shall
not be granted to any person if it is established that the 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 5 of this act.
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.
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.
D5*$+''&'%'5 +5( 64;
§43-112.3. Notice of proposed relocation or change of residence.
A. As used in this section:
1. “Change of residence address” means a change in the primary
residence of an adult;
2. “Child” means a child under the age of eighteen (18) who has
not been judicially emancipated;
3. “Person entitled to custody of or visitation with a child”
means a person so entitled by virtue of a court order or by an
express agreement that is subject to court enforcement;
4. “Principal residence of a child” means:
a. the location designated by a court to be the primary
residence of the child,
b. in the absence of a court order, the location at which
the parties have expressly agreed that the child will
primarily reside, or
c. in the absence of a court order or an express
agreement, the location, if any, at which the child,
preceding the time involved, lived with the child’s
parents, a parent, or a person acting as parent for at
least six (6) consecutive months and, in the case of a
child less than six (6) months old, the location at
which the child lived from birth with any of the
persons mentioned. Periods of temporary absence of any
of the named persons are counted as part of the six-
month or other period; and
5. “Relocation” means a change in the principal residence of a
child over seventy-five (75) miles from the child's principal
residence for a period of sixty (60) days or more, but does not
include a temporary absence from the principal residence.
B. 1. Except as otherwise provided by this section, a person
who has the right to establish the principal residence of the child
shall notify every other person entitled to visitation with the child
of a proposed relocation of the child’s principal residence as
required by this section.
2. Except as otherwise provided by this section, an adult
entitled to visitation with a child shall notify every other person
entitled to custody of or visitation with the child of an intended
change in the primary residence address of the adult as required by
this section.
C. 1. Except as provided by this section, notice of a proposed
relocation of the principal residence of a child or notice of an
intended change of the primary residence address of an adult must be
given:
a. by mail to the last-known address of the person to be
notified, and
b. no later than:
D5*$+''&'%'5 +5( 672
(1) the sixtieth day before the date of the intended
move or proposed relocation, or
(2) the tenth day after the date that the person knows
the information required to be furnished pursuant
to this subsection, if the person did not know and
could not reasonably have known the information in
sufficient time to comply with the sixty-day
notice, and it is not reasonably possible to
extend the time for relocation of the child.
2. Except as provided by this section, the following
information, if available, must be included with the notice of
intended relocation of the child or change of primary residence of an
adult:
a. the intended new residence, including the specific
address, if known,
b. the mailing address, if not the same,
c. the home telephone number, if known,
d. the date of the intended move or proposed relocation,
e. a brief statement of the specific reasons for the
proposed relocation of a child, if applicable,
f. a proposal for a revised schedule of visitation with
the child, if any, and
g. a warning to the nonrelocating parent that an objection
to the relocation must be made within thirty (30) days
or the relocation will be permitted.
3. A person required to give notice of a proposed relocation or
change of residence address under this subsection has a continuing
duty to provide a change in or addition to the information required
by this subsection as that information becomes known.
D. After the effective date of this act, an order issued by a
court directed to a person entitled to custody of or visitation with
a child shall include the following or substantially similar terms:
“You, as a party in this action, are ordered to notify every
other party to this action in writing of a proposed relocation of the
child, change of your primary residence address, and the following
information:
1. The intended new residence, including the specific address,
if known;
2. The mailing address, if not the same;
3. The home telephone number, if known;
4. The date of the intended move or proposed relocation;
5. A brief statement of the specific reasons for the proposed
relocation of a child, if applicable; and
6. A proposal for a revised schedule of visitation with the
child, if any.
You are further ordered to give written notice of the proposed
relocation or change of residence address on or before the sixtieth
D5*$+''&'%'5 +5( 67
day before a proposed change. If you do not know and could not have
reasonably known of the change in sufficient time to provide a sixty-
day notice, you are ordered to give written notice of the change on
or before the tenth day after the date that you know of the change.
Your obligation to furnish this information to every other party
continues as long as you, or any other person, by virtue of this
order, are entitled to custody of or visitation with a child covered
by this order.
Your failure to obey the order of this court to provide every
other party with notice of information regarding the proposed
relocation or change of residence address may result in further
litigation to enforce the order, including contempt of court.
In addition, your failure to notify of a relocation of the child
may be taken into account in a modification of custody of, visitation
with, possession of or access to the child. Reasonable costs and
attorney fees also may be assessed against you if you fail to give
the required notice.
If you, as the nonrelocating parent, do not file a proceeding
seeking a temporary or permanent order to prevent the relocation
within thirty (30) days after receipt of notice of the intent of the
other party to relocate the residence of the child, relocation is
authorized.”
E. 1. On a finding by the court that the health, safety, or
liberty of a person or a child would be unreasonably put at risk by
the disclosure of the required identifying information in conjunction
with a proposed relocation of the child or change of residence of an
adult, the court may order that:
a. the specific residence address and telephone number of
the child or of the adult and other identifying
information shall not be disclosed in the pleadings,
other documents filed in the proceeding, or the final
order, except for an in camera disclosure,
b. the notice requirements provided by this article be
waived to the extent necessary to protect
confidentiality and the health, safety or liberty of a
person or child, and
c. any other remedial action that the court considers
necessary to facilitate the legitimate needs of the
parties and the best interest of the child.
2. If appropriate, the court may conduct an ex parte hearing
pursuant to this subsection.
F. 1. The court may consider a failure to provide notice of a
proposed relocation of a child as provided by this section as:
a. a factor in making its determination regarding the
relocation of a child,
b. a factor in determining whether custody or visitation
should be modified,
D5*$+''&'%'5 +5( 67"
c. a basis for ordering the return of the child if the
relocation has taken place without notice, and
d. sufficient cause to order the person seeking to
relocate the child to pay reasonable expenses and
attorney fees incurred by the person objecting to the
relocation.
2. In addition to the sanctions provided by this subsection, the
court may make a finding of contempt if a party violates the notice
requirement required by this section and may impose the sanctions
authorized for contempt of a court order.
G. 1. The person entitled to custody of a child may relocate
the principal residence of a child after providing notice as provided
by this section unless a parent entitled to notice files a proceeding
seeking a temporary or permanent order to prevent the relocation
within thirty (30) days after receipt of the notice.
2. A parent entitled by court order or written agreement to
visitation with a child may file a proceeding objecting to a proposed
relocation of the principal residence of a child and seek a temporary
or permanent order to prevent the relocation.
3. If relocation of the child is proposed, a nonparent entitled
by court order or written agreement to visitation with a child may
file a proceeding to obtain a revised schedule of visitation, but may
not object to the proposed relocation or seek a temporary or
permanent order to prevent the relocation.
4. A proceeding filed pursuant to this subsection must be filed
within thirty (30) days of receipt of notice of a proposed
relocation.
H. 1. The court may grant a temporary order restraining the
relocation of a child, or ordering return of the child if a
relocation has previously taken place, if the court finds:
a. the required notice of a proposed relocation of a child
as provided by this section was not provided in a
timely manner and the parties have not presented an
agreed-upon revised schedule for visitation with the
child for the court’s approval,
b. the child already has been relocated without notice,
agreement of the parties, or court approval, or
c. from an examination of the evidence presented at the
temporary hearing there is a likelihood that on final
hearing the court will not approve the relocation of
the primary residence of the child.
2. The court may grant a temporary order permitting the
relocation of the child pending final hearing if the court:
a. finds that the required notice of a proposed relocation
of a child as provided by this section was provided in
a timely manner and issues an order for a revised
schedule for temporary visitation with the child, and
D5*$+''&'%'5 +5( 67
b. finds from an examination of the evidence presented at
the temporary hearing there is a likelihood that on
final hearing the court will approve the relocation of
the primary residence of the child.
I. A proposed relocation of a child may be a factor in
considering a change of custody.
J. 1. In reaching its decision regarding a proposed relocation,
the court shall consider the following factors:
a. the nature, quality, extent of involvement, and
duration of the child’s relationship with the person
proposing to relocate and with the nonrelocating
person, siblings, and other significant persons in the
child’s life,
b. the age, developmental stage, needs of the child, and
the likely impact the relocation will have on the
child’s physical, educational, and emotional
development, taking into consideration any special
needs of the child,
c. the feasibility of preserving the relationship between
the nonrelocating person and the child through suitable
visitation arrangements, considering the logistics and
financial circumstances of the parties,
d. the child’s preference, taking into consideration the
age and maturity of the child,
e. whether there is an established pattern of conduct of
the person seeking the relocation, either to promote or
thwart the relationship of the child and the
nonrelocating person,
f. whether the relocation of the child will enhance the
general quality of life for both the custodial party
seeking the relocation and the child, including but not
limited to financial or emotional benefit or
educational opportunity,
g. the reasons of each person for seeking or opposing the
relocation, and
h. any other factor affecting the best interest of the
child.
2. The court may not:
a. give undue weight to the temporary relocation as a
factor in reaching its final decision, if the court has
issued a temporary order authorizing a party seeking to
relocate a child to move before final judgment is
issued, or
b. consider whether the person seeking relocation of the
child has declared that he or she will not relocate if
relocation of the child is denied.
D5*$+''&'%'5 +5( 67
K. The relocating person has the burden of proof that the
proposed relocation is made in good faith. If that burden of proof
is met, the burden shifts to the nonrelocating person to show that
the proposed relocation is not in the best interest of the child.
L. 1. After notice and a reasonable opportunity to respond, the
court may impose a sanction on a person proposing a relocation of the
child or objecting to a proposed relocation of a child if it
determines that the proposal was made or the objection was filed:
a. to harass a person or to cause unnecessary delay or
needless increase in the cost of litigation,
b. without being warranted by existing law or was based on
frivolous argument, or
c. based on allegations and other factual contentions
which had no evidentiary support or, if specifically so
identified, could not have been reasonably believed to
be likely to have evidentiary support after further
investigation.
2. A sanction imposed under this subsection shall be limited to
what is sufficient to deter repetition of such conduct or comparable
conduct by others similarly situated. The sanction may include
directives of a nonmonetary nature, an order to pay a penalty into
court, or, if imposed on motion and warranted for effective
deterrence, an order directing payment to the other party of some or
all of the reasonable attorney fees and other expenses incurred as a
direct result of the violation.
M. If the issue of relocation is presented at the initial
hearing to determine custody of and visitation with a child, the
court shall apply the factors set forth in this section in making its
initial determination.
N. 1. The provisions of this section apply to an order
regarding custody of or visitation with a child issued:
a. after the effective date of this act, and
b. before the effective date of this act, if the existing
custody order or enforceable agreement does not
expressly govern the relocation of the child or there
is a change in the primary residence address of an
adult affected by the order.
2. To the extent that a provision of this section conflicts with
an existing custody order or enforceable agreement, this section does
not apply to the terms of that order or agreement that govern
relocation of the child or a change in the primary residence address
of an adult.
Added by Laws 2002, c. 400, § 8, eff. Nov. 1, 2002. Amended by Laws
2008, c. 28, § 1, eff. Nov. 1, 2008.
§43-112.4. No duty to maintain stepchildren.
D5*$+''&'%'5 +5( 674
A stepparent is not required to maintain his or her spouse’s
children from a prior relationship.
R.L.1910, § 4378. Amended by Laws 2009, c. 233, § 1, emerg. eff. May
21, 2009. Renumbered from § 15 of Title 10 by Laws 2009, c. 233, §
200, emerg. eff. May 21, 2009.
§43-112.5. Custody or guardianship - Order of preference - Death of
custodial parent - Preference of child - Evidence of domestic abuse -
Registered sex offenders.
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.
D5*$+''&'%'5 +5( 677
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, except as provided in subsection D of this section;
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 Section 843.5 of Title 21 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. In applying subsection A of this section, a court shall not
award custody or guardianship of a child to any person who has been
convicted, whether upon a verdict or plea of guilty or upon a plea of
nolo contendere, or received a suspended sentence or any probationary
term, or is currently serving a sentence or any form of probation or
parole in a court in any state of any of the following crimes:
1. Sexual abuse or sexual exploitation of a child, Section 843.5
of Title 21 of the Oklahoma Statutes;
2. Child endangerment, if the offense involved sexual abuse of a
child, Section 852.1 of Title 21 of the Oklahoma Statutes;
3. Kidnapping, if the offense involved sexual abuse or sexual
exploitation of a child, Section 741 of Title 21 of the Oklahoma
Statutes;
4. Incest, Section 885 of Title 21 of the Oklahoma Statutes;
5. Forcible sodomy of a child, Section 888 of Title 21 of the
Oklahoma Statutes;
D5*$+''&'%'5 +5( 678
6. Child stealing, if the offense involved sexual abuse or
sexual exploitation, Section 891 of Title 21 of the Oklahoma
Statutes;
7. Procuring minors for participation in child pornography,
Section 1021.2 of Title 21 of the Oklahoma Statutes;
8. Consent to participation of minors in child pornography,
Section 1021.3 of Title 21 of the Oklahoma Statutes;
9. Facilitating, encouraging, offering or soliciting sexual
conduct with a minor by use of technology, Section 1040.13a of Title
21 of the Oklahoma Statutes;
10. Distributing child pornography, Section 1040.13 of Title 21
of the Oklahoma Statutes;
11. Possession, purchase or procurement of child pornography,
Section 1024.2 of Title 21 of the Oklahoma Statutes;
12. Aggravated possession of child pornography, Section 1040.12a
of Title 21 of the Oklahoma Statutes;
13. Procuring a child under eighteen (18) years of age for
prostitution, Section 1087 of Title 21 of the Oklahoma Statutes;
14. Inducing, keeping, detaining or restraining a child under
eighteen (18) years of age for prostitution, Section 1088 of Title 21
of the Oklahoma Statutes;
15. First degree rape, Section 1114 of Title 21 of the Oklahoma
Statutes;
16. Lewd or indecent proposals or acts to a child under sixteen
(16) years of age, Section 1123 of Title 21 of the Oklahoma Statutes;
or
17. Solicitation of minors in any crime provided in subsection B
of Section 1021 of Title 21 of the Oklahoma Statutes.
E. Subject to subsection F 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.
F. If the custody determination made in accordance with
subsections B and C of this section 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,
D5*$+''&'%'5 +5( 67!
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. Amended by Laws 2014,
c. 356, § 1, eff. Nov. 1, 2014.
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.
§43-112.6. Awarding of attorney fees and costs – Victim of domestic
violence or stalking.
In a dissolution of marriage or separate maintenance or custody
proceeding, a victim of domestic violence or stalking shall be
entitled to reasonable attorney fees and costs after the filing of a
petition, upon application and a showing by a preponderance of
evidence that the party is currently being stalked or has been
stalked or is the victim of domestic abuse. The court shall order
that the attorney fees and costs of the victimized party for the
proceeding be substantially paid for by the abusing party prior to
and after the entry of a final order.
Added by Laws 2009, c. 307, § 5, eff. Nov. 1, 2009.
NOTE: Editorially renumbered from § 112.4 of this title to provide
consistency in numbering.
§43-112.7. Modification of custody - Military deployment.
A military deployment shall not be used as evidence of a
substantial, material and permanent change of circumstances to
warrant a permanent modification of custody.
Added by Laws 2011, c. 354, § 2, emerg. eff. May 26, 2011.
§43-112A. Central case registry on IV─D cases and child support
orders.
A. 1. The Child Support Enforcement Division of the Department
of Human Services shall maintain a central case registry on all Title
IV-D cases and all child support orders established or modified in
this state after October 1, 1998. Title IV-D cases are cases in
which child support services are being provided under the state child
support plan as provided under Section 237 of Title 56 of the
Oklahoma Statutes.
2. In Title IV-D cases, the case registry shall include, but not
be limited to, information required to be transmitted to the federal
case registry pursuant to 42 U.S.C., Section 654A.
3. In cases in which child support services are not being
provided under the state child support plan as provided under Section
237 of Title 56 of the Oklahoma Statutes and in which a child support
D5*$+''&'%'5 +5( 67;
order is established or modified in this state after October 1, 1998,
the case registry shall include, but not be limited to, information
required to be transmitted to the federal case registry pursuant to
42 U.S.C., Section 654A, and information from the support order
summary form provided for in Section 120 of Title 43 of the Oklahoma
Statutes.
B. 1. All orders entered after October 31, 2001, which
establish paternity or establish, modify or enforce a child support
obligation shall state for all parties and custodians subject to the
order:
a. an address of record for service of process in support,
visitation and custody actions, and
b. the address of record may be different from the party’s
or custodian’s physical address.
2. The address shall be maintained by the central case registry.
The order shall direct that any changes in the address of record
shall be provided in writing to the central case registry within
thirty (30) days of the change. The address of record is subject to
disclosure to a party or custodian upon request pursuant to the
provisions of this section and rules promulgated by the Department of
Human Services. The Department of Human Services may refuse to
disclose address and location information if the Department has
reasonable evidence of domestic violence or child abuse and the
disclosure of such information could be harmful to a party, custodian
or child.
C. 1. All parties and custodians ordered to provide an address
of record to the central case registry as specified in this section
may, in subsequent child support actions, be served with process by
regular mail to the last address of record provided to the central
case registry.
2. Proof of service shall be made by a certificate of mailing
from a United States Post Office, or in child support cases where
services are being provided under the state child support plan, by a
certificate of mailing from the child support representative.
D. The Department of Human Services shall promulgate rules as
necessary to implement the provisions of this section.
Added by Laws 1997, c. 402, § 11, eff. July 1, 1997. Amended by Laws
2001, c. 407, § 4, eff. July 1, 2001.
§43-113. Preference of child – Record of interview.
A. In any action or proceeding in which a court must determine
custody or limits to or periods of visitation, the child may express
a preference as to which of the parents the child wishes to have
custody or limits to or periods of visitation.
B. The court shall first determine whether the best interest of
the child will be served by allowing the child to express a
preference as to which parent should have custody or limits to or
D5*$+''&'%'5 +5( 682
periods of visitation with either parent. If the court so finds,
then the child may express such preference or give other testimony.
C. There shall be a rebuttable presumption that a child who is
twelve (12) years of age or older is of a sufficient age to form an
intelligent preference.
D. If the child is of a sufficient age to form an intelligent
preference, the court shall consider the expression of preference or
other testimony of the child in determining custody or limits to or
periods of visitation. Interviewing the child does not diminish the
discretion of the court in determining the best interest of the
child. The court shall not be bound by the child's choice or wishes
and shall take all factors into consideration in awarding custody or
limits of or period of visitation.
E. If the child is allowed to express a preference or give
testimony, the court may conduct a private interview with the child
in chambers without the parents, attorneys or other parties present.
However, if the court has appointed a guardian ad litem for the
child, the guardian ad litem shall be present with the child in
chambers. The parents, attorneys or other parties may provide the
court with questions or topics for the court to consider in its
interview of the child; however, the court shall not be bound to ask
any question presented or explore any topic requested by a parent,
attorney or other party.
F. At the request of either party, a record shall be made of any
child interview conducted in chambers. If the proceeding is
transcribed, the parties shall be entitled to access to the
transcript only if a parent or the parents appeal the custody or
visitation determination.
Added by Laws 1975, c. 183, § 1. Amended by Laws 1986, c. 196, § 1,
eff. Nov. 1, 1986. Renumbered from § 1277.1 of Title 12 by Laws
1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 373,
§ 1, emerg. eff. June 4, 2002; Laws 2011, c. 229, § 1, eff. Nov. 1,
2011.
§43-114. Interest on court-ordered past-due child support payments
and payments of suit monies.
Court-ordered past-due child support payments, court-ordered
payments of suit monies and judgments for support pursuant to Section
83 of Title 10 of the Oklahoma Statutes and Sections 238.1 and 238.6B
of Title 56 of the Oklahoma Statutes shall draw interest at the rate
of two percent (2%) per year. Past-due child support payments
accruing after the establishment of the current support order shall
draw interest from the date they become delinquent. Lump-sum
judgments pursuant to Titles 10 and 56 of the Oklahoma Statutes for
support owed prior to the establishment of current support shall draw
interest from the first day of the month after the lump-sum judgment
D5*$+''&'%'5 +5( 68
is entered. The interest shall be collected in the same manner as
the payments upon which the interest accrues.
Added by Laws 1977, c. 15, § 1. Renumbered from § 1277.3 of Title 12
by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994,
c. 356, § 13, eff. Sept. 1, 1994; Laws 2012, c. 253, § 2, eff. Nov.
1, 2012; Laws 2016, c. 289, § 1, eff. Nov. 1, 2016.
§43-115. Order for child support or modification of order -
Provision for income assignment.
A. Every order providing for the support of a minor child or a
modification of such order, whether issued by a district court or an
administrative court, shall contain an immediate income assignment
provision if child support services are being provided under the
state child support plan as provided under Section 237 of Title 56 of
the Oklahoma Statutes, regardless of whether support payments by such
parent are in arrears.
B. In all child support cases arising out of an action for
divorce, paternity or other proceeding in which services are not
being provided under the state child support plan, the district court
shall order the wage of the obligor subject to immediate income
assignment, regardless of whether support payments by such parent are
in arrears, unless:
1. One of the parties demonstrates and the district court finds
there is good cause not to require immediate income withholding; or
2. A written agreement is reached between the parties which
provides for an alternative arrangement.
C. The obligated party may execute a voluntary income assignment
at any time. The voluntary assignment shall be filed with the
district or administrative court and shall take effect after service
on the payor, as required by Section 1171.3 of Title 12 of the
Oklahoma Statutes.
Added by Laws 1985, c. 297, § 17, operative Oct. 1, 1985. Renumbered
from Title 12, § 1277.4 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
Amended by Laws 1994, c. 365, § 11, eff. Sept. 1, 1994; Laws 1997, c.
402, § 12, eff. July 1, 1997.
§43-116. Security, bond or other guarantee for child support.
The district or administrative court may order a person obligated
to support a minor child to post a security, bond, or other guarantee
in a form and amount satisfactory to the court to ensure the payment
of child support.
Added by Laws 1985, c. 297, § 18, operative Oct. 1, 1985. Renumbered
from Title 12, § 1277.5 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
Amended by Laws 1994, c. 365, § 12, eff. Sept. 1, 1994.
§43-117. Modification, suspension or termination of order for income
assignment.
D5*$+''&'%'5 +5( 68"
A. Except as otherwise provided by subsection B of this section,
the person obligated to pay support or the person entitled to the
support may petition the district or administrative court to:
1. Modify, suspend, or terminate the order for income assignment
because of a modification, suspension, or termination of the
underlying order for support; or
2. Modify the amount of income to be withheld to reflect payment
in full of the delinquency by income assignment or otherwise; or
3. Suspend the order for income assignment because of inability
to deliver income withheld to the person entitled to support payments
due to the failure of the person entitled to support to provide a
mailing address or other means of delivery.
B. If the income assignment has been initiated by the Department
of Human Services, the district court shall notify the Department of
Human Services prior to the termination, modification, or suspension
of the income assignment order.
Added by Laws 1985, c. 297, § 19, operative Oct. 1, 1985. Renumbered
from Title 12, § 1277.6 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
Amended by Laws 1994, c. 365, § 13, eff. Sept. 1, 1994.
§43-118. Child support guidelines.
A. There shall be a rebuttable presumption in any judicial or
administrative proceeding for the award of child support, that the
amount of the award which would result from the application of the
following guidelines is the correct amount of child support to be
awarded.
B. The Schedule of Basic Child Support Obligations assumes that
all families incur certain child-rearing expenses and includes in the
basic child support obligation an average amount to cover these
expenses for various levels of the parents' combined income and
number of children, comprised of housing, food, transportation, basic
public educational expenses, clothing, and entertainment.
Added by Laws 1988, c. 224, § 1, emerg. eff. June 20, 1988.
Renumbered from § 1277.7 of Title 12 by Laws 1989, c. 333, § 1, eff.
Nov. 1, 1989. Amended by Laws 1989, c. 362, § 2, eff. Nov. 1, 1989;
Laws 1992, c. 251, § 1, eff. Sept. 1, 1992; Laws 1993, c. 307, § 2,
emerg. eff. June 7, 1993; Laws 1994, c. 356, § 14, eff. Sept. 1,
1994; Laws 1995, c. 1, § 13, emerg. eff. March 2, 1995; Laws 1997, c.
403, § 11, eff. Nov. 1, 1997; Laws 1998, c. 323, § 8, eff. Oct. 1,
1998; Laws 1999, c. 422, § 2, eff. Nov. 1, 1999; Laws 2000, c. 345, §
2, emerg. eff. June 6, 2000; Laws 2000, 1st Ex. Sess., c. 9, § 1,
emerg. eff. June 30, 2000; Laws 2002, c. 314, § 3, eff. Nov. 1, 2002;
Laws 2004, c. 393, § 3, emerg. eff. June 3, 2004; Laws 2006, c. 127,
§ 2, eff. Nov. 1, 2006; Laws 2007, c. 1, § 25, emerg. eff. Feb. 22,
2007; Laws 2008, c. 407, § 1, eff. July 1, 2009.
NOTE: Laws 1994, c. 185, § 1 repealed by Laws 1995, c. 1, § 40,
emerg. eff. March 2, 1995. Laws 1997, c. 402, § 13 repealed by Laws
D5*$+''&'%'5 +5( 68
1998, c. 5, § 29, emerg. eff. March 4, 1998. Laws 2006, c. 74, § 2
repealed by Laws 2007, c. 1, § 26, emerg. eff. Feb. 22, 2007.
§43-118.1. Review of child support orders - Disclosure of financial
status.
A. In all cases in which child support services are being
provided under the state child support plan as provided in Section
237 of Title 56 of the Oklahoma Statutes, the Department shall
conduct reviews of child support orders pursuant to rules promulgated
by the Department. If the Department conducts a review and
determines that the child support obligation is not in accordance
with child support guidelines, the Department shall file a notice of
review and intent to modify the child support order, and it shall be
served upon the parties in accordance with law. The notice shall be
set for hearing before a district or administrative court. The
district or administrative court shall review the child support
obligation to determine its compliance with the child support
guidelines and order modification if appropriate. An order of
modification shall be effective upon the date the notice of review
and intent to modify the child support order was filed.
B. In any proceeding to establish or modify a support order,
each party shall completely disclose his or her financial status.
Added by Laws 1989, c. 362, § 3, eff. Nov. 1, 1989. Renumbered from
§ 1277.7A of Title 12 by Laws 1990, c. 171, § 3, operative July 1,
1990, and Laws 1990, c. 188, § 2, eff. Sept. 1, 1990. Amended by
Laws 1992, c. 153, § 1, emerg. eff. April 30, 1992; Laws 1994, c.
356, § 24, eff. Sept. 1, 1994; Laws 1997, c. 402, § 14, eff. July 1,
1997; Laws 2006, c. 127, § 3, eff. Nov. 1, 2006.
§43-118.2. Employer sponsored health care coverage.
A. When a parent is required by a court or administrative order
to provide health coverage which is available through an employer
doing business in this state, the employer is required:
1. To permit the parent to enroll under family coverage any
child who is otherwise eligible for coverage without regard to any
enrollment season restrictions;
2. To enroll the child under family coverage and to deduct the
employee’s cost of the coverage from the employee's wages. The
enrollment shall be made upon application to the employer by the
child's custodial person, by the state agency administering the
Medicaid program or the state agency administering the child support
program under Title IV-D of the Social Security Act;
3. Not to disenroll or eliminate coverage of a child unless the
employer is provided satisfactory written evidence that:
a. the court order is no longer in effect,
D5*$+''&'%'5 +5( 68
b. the child is or will be enrolled in comparable coverage
which will take effect no later than the effective date
of disenrollment, or
c. the employer has eliminated family health coverage for
all of its employees;
4. Upon request, to provide complete information to the
custodial person, the state agency administering the Medicaid program
or the state agency administering the child support program under
Title IV-D of the Social Security Act regarding any insurance
benefits to which the child is entitled, and any forms, publications,
or documents necessary to apply for or to utilize the benefits;
5. Permit the custodial person, the designated agency
administering the State Medicaid Program, or the provider with
approval, to submit claims for covered services without the approval
of the noncustodial parent; and
6. Make payments on claims submitted in accordance with
paragraph 5 of this subsection directly to the custodial person, the
designated agency administering the State Medicaid Program, or the
provider.
B. If child support services are being provided under the state
child support plan as provided under Section 237 of Title 56 of the
Oklahoma Statutes, the Child Support Enforcement Division shall
notify the parent’s employer to enroll the child in health care
coverage available under the employer’s plan by sending the employer
a National Medical Support Notice issued pursuant to Section 466(a)
(19) of the Social Security Act, and Section 609(a)(5)(C) of the
Employee Retirement Income Security Act of 1974. The employer shall
comply with the National Medical Support Notice. The employer may be
fined up to Two Hundred Dollars ($200.00) per month per child for
each failure to comply with the requirements of the National Medical
Support Notice. Fines collected shall be remitted to the Child
Support Revenue Enhancement Fund created pursuant to Section 225 of
Title 56 of the Oklahoma Statutes.
C. An employer may not be fined under this section where an
employee fails to contribute his or her portion of a health insurance
premium.
D. The Department of Human Services shall promulgate rules as
necessary to implement the provisions of this section.
Added by Laws 1994, c. 356, § 15, eff. Sept. 1, 1994. Amended by
Laws 1998, c. 323, § 9, eff. Oct. 1, 1998; Laws 2001, c. 407, § 6,
eff. July 1, 2001; Laws 2003, c. 19, § 2, eff. Nov. 1, 2003; Laws
2004, c. 393, § 4, emerg. eff. June 3, 2004.
§43-118.3. Request for wage and tax information.
On or after April 15th of each year, the obligor or obligee may
make a written request to the other party for the other party's
previous tax year W-2 forms, 1099 form, or other wage and tax
D5*$+''&'%'5 +5( 684
information. This request shall be served upon the other party in
the same manner prescribed for the service of summons in a civil
action, and the original request shall be filed in the court file.
The party receiving such a written request shall provide the
requesting party a copy of the requested information by certified
mail within ten (10) days of receiving the written request. If a
motion to modify child support is subsequently filed by the
requesting party, and it is shown to the court that the non-moving
party failed to comply with this section, the court may award the
moving party his or her attorneys fees and costs incurred as a result
of the failure to provide requested information.
Added by Laws 1997, c. 403, § 12, eff. Nov. 1, 1997.
§43-118.4. Assignment or transfer of child support benefits –
Attorney fees.
A. Child support or any claim thereto shall not be directly or
indirectly assigned, except as provided in subsection B of this
section and in subsection C of Section 237 of Title 56 of the
Oklahoma Statutes. Any assignment of child support to the Department
of Human Services shall have first priority over any prior or
subsequent assignment.
B. Child support may be assigned to an attorney for the purpose
of providing legal representation in child support proceedings. The
assignment shall be consistent with the Oklahoma Rules of
Professional Conduct and shall not exceed fifty percent (50%) of the
net amount of the child support collected and remitted to the
obligee.
Added by Laws 2003, c. 302, § 4, emerg. eff. May 28, 2003. Amended
by Laws 2004, c. 407, § 1, emerg. eff. June 3, 2004.
§43-118A. Definitions.
As used in this act:
1. "Adjusted Gross Income" (AGI) means the net determination of
the income of a parent, calculated by modifying the gross income of
the parent as follows:
a. adding to the gross income of the parent any Social
Security benefit paid to the child on the account of
the parent,
b. deducting from gross income the amount of any support
alimony arising in a prior case to the extent that
payment is actually made,
c. deducting from gross income any deductions as set forth
for other prior-born or after-born children for whom
the parent is legally responsible and is actually
supporting, pursuant to Section 118C of this title, and
D5*$+''&'%'5 +5( 687
d. deducting the amount of reasonable expenses of the
parties attributable to debt service for preexisting,
jointly acquired debt of the parents;
2. "Base child support obligation" means the amount of support
displayed on the Schedule of Basic Child Support Obligations which
corresponds to the combined AGI of both parents and the number of
children for whom support is being determined. This amount is
rebuttably presumed to be the appropriate amount of basic child
support to be provided by both parents in the case immediately under
consideration, prior to consideration of any adjustments for medical
and child care costs, and any other additional expenses;
3. "Current monthly child support obligation" means the base
child support obligation and the proportional share of any medical
insurance and annualized child care costs;
4. "Custodial person" means a parent or third-party caretaker
who has physical custody of a child more than one hundred eighty-two
(182) days per year;
5. "Noncustodial parent" means a parent who has physical custody
of a child one hundred eighty-two (182) days per year or less;
6. "Obligor" means the person who is required to make payments
under an order for support;
7. "Obligee" or "person entitled" means:
a. a person to whom a support debt or support obligation
is owed,
b. the Department of Human Services or a public agency of
another state that has the right to receive current or
accrued support payments or that is providing support
enforcement services, or
c. a person designated in a support order or as otherwise
specified by the court;
8. "Other contributions" means recurring monthly medical
expenses and visitation transportation costs that are not included in
the current monthly child support obligation;
9. "Overnight" means the child is in the physical custody and
control of a parent for an overnight period of at least twelve (12)
hours, and that parent has made a reasonable expenditure of resources
for the care of the child;
10. "Parent" means an individual who has a parent-child
relationship under the Uniform Parentage Act;
11. "Parenting time adjustment" means an adjustment to the base
child support amount based upon parenting time; and
12. "Payor" means any person or entity paying monies, income, or
earnings to an obligor. In the case of a self-employed person, the
"payor" and "obligor" may be the same person.
Added by Laws 2008, c. 407, § 2, eff. July 1, 2009. Amended by Laws
2016, c. 289, § 2, eff. Nov. 1, 2016.
D5*$+''&'%'5 +5( 688
§43-118B. Computation of gross income - Imputed income - Self-
employment income - Fringe benefits - Social Security Title II
benefits.
A. As used in this act:
1. "Gross income" includes earned and passive income from any
source, except as excluded in this section;
2. "Earned income" is defined as income received from labor or
the sale of goods or services and includes, but is not limited to,
income from:
a. salaries,
b. wages,
c. tips
d. commissions,
e. bonuses,
f. severance pay,and
g. military pay, including hostile fire or imminent danger
pay, combat pay, family separation pay, or hardship
duty location pay; and
3. "Passive income" is defined as all other income and includes,
but is not limited to, income from:
a. dividends,
b. pensions,
c. rent,
d. interest income,
e. trust income,
f. support alimony being received from someone other than
the other parent in this case,
g. annuities,
h. social security benefits,
i. workers' compensation benefits,
j. unemployment insurance benefits,
k. disability insurance benefits,
l. gifts,
m. prizes,
n. gambling winnings,
o. lottery winnings, and
p. royalties.
B. Income specifically excluded is:
1. Actual child support received for children not before the
court;
2. Adoption Assistance subsidy paid by the Department of Human
Services;
3. Benefits received from means-tested public assistance
programs including, but not limited to:
a. Temporary Assistance for Needy Families (TANF),
b. Supplemental Security Income (SSI),
c. Food Stamps, and
D5*$+''&'%'5 +5( 68!
d. General Assistance and State Supplemental Payments for
Aged, Blind and the Disabled;
4. The income of the child from any source, including, but not
limited to, trust income and social security benefits drawn on the
disability of the child; and
5. Payments received by the parent for the care of foster
children.
C. 1. For purposes of computing gross income of the parents,
gross income shall include for each parent whichever is the most
equitable of:
a. all actual monthly income described in this section,
plus such overtime and supplemental income as the court
deems equitable,
b. the average of the gross monthly income for the time
actually employed during the previous three (3) years,
c. the minimum wage paid for a forty-hour week, or
d. gross monthly income imputed as set forth in subsection
D of this section.
2. If a parent is permanently physically or mentally
incapacitated, the child support obligation shall be computed on the
basis of actual monthly gross income.
D. Imputed income.
1. Instead of using the actual or average income of a parent,
the court may impute gross income to a parent under the provisions of
this section if equitable.
2. The following factors may be considered by the court when
making a determination of willful and voluntary underemployment or
unemployment:
a. whether a parent has been determined by the court to be
willfully or voluntarily underemployed or unemployed,
including whether unemployment or underemployment for
the purpose of pursuing additional training or
education is reasonable in light of the obligation of
the parent to support his or her children and, to this
end, whether the training or education will ultimately
benefit the child in the case immediately under
consideration by increasing the parent's level of
support for that child in the future,
b. when there is no reliable evidence of income,
c. the past and present employment of the parent,
d. the education, training, and ability to work of the
parent,
e. the lifestyle of the parent, including ownership of
valuable assets and resources, whether in the name of
the parent or the current spouse of the parent, that
appears inappropriate or unreasonable for the income
claimed by the parent,
D5*$+''&'%'5 +5( 68;
f. the role of the parent as caretaker of a handicapped or
seriously ill child of that parent, or any other
handicapped or seriously ill relative for whom that
parent has assumed the role of caretaker which
eliminates or substantially reduces the ability of the
parent to work outside the home, and the need of that
parent to continue in that role in the future, or
g. any additional factors deemed relevant to the
particular circumstances of the case.
E. Self-employment income.
1. Income from self-employment includes income from, but not
limited to, business operations, work as an independent contractor or
consultant, sales of goods or services, and rental properties, less
ordinary and reasonable expenses necessary to produce such income.
2. A determination of business income for tax purposes shall not
control for purposes of determining a child support obligation.
Amounts allowed by the Internal Revenue Service for accelerated
depreciation or investment tax credits shall not be considered
reasonable expenses.
3. The district or administrative court shall deduct from self-
employment gross income an amount equal to the employer contribution
for F.I.C.A. tax which an employer would withhold from an employee's
earnings on an equivalent gross income amount.
F. Fringe benefits.
1. Fringe benefits for inclusion as income or in-kind
remuneration received by a parent in the course of employment, or
operation of a trade or business, shall be counted as income if they
significantly reduce personal living expenses.
2. Such fringe benefits might include, but are not limited to,
company car, housing, or room and board.
3. Basic Allowance for Housing, Basic Allowance for Subsistence,
and Variable Housing Allowances for service members are considered
income for the purposes of determining child support.
4. Fringe benefits do not include employee benefits that are
typically added to the salary, wage, or other compensation that a
parent may receive as a standard added benefit, such as employer
contributions to portions of health insurance premiums or employer
contributions to a retirement or pension plan.
G. Social Security Title II benefits.
1. Social Security Title II benefits received by a child shall
be included as income to the parent on whose account the benefit of
the child is drawn and applied against the support obligation ordered
to be paid by that parent. If the benefit of the child is drawn from
the disability of the child, the benefit of the child is not added to
the income of either parent and not deducted from the obligation of
either parent.
2. Child support greater than social security benefit.
D5*$+''&'%'5 +5( 6!2
If the child support award due after calculating the child
support guidelines is greater than the social security benefit
received on behalf of the child, the obligor shall be required to pay
the amount exceeding the social security benefit as part of the child
support award in the case.
3. Child support equal to or less than social security benefits.
a. If the child support award due after calculating the
child support guidelines is less than or equal to the
social security benefit received on behalf of the
child, the child support obligation of that parent is
met and no additional child support amount must be paid
by that parent.
b. Any social security benefit amounts which are greater
than the support ordered by the court shall be retained
by the caretaker for the benefit of the child and shall
not be used as a reason for decreasing the child
support order or reducing arrearages.
c. The child support computation form shall include a
notation regarding the use of social security benefits
as offset.
4. a. Calculation of child support as provided in subsection
F of this section shall be effective no earlier than
the date on which the motion to modify was filed.
b. The court may determine if, under the circumstances of
the case, it is appropriate to credit social security
benefits paid to the custodial person prior to a
modification of child support against the past-due
child support obligation of the noncustodial parent.
c. The noncustodial parent shall not receive credit for
any social security benefits paid directly to the
child.
d. Any credit granted by the court pursuant to
subparagraph b of this paragraph shall be limited to
the time period during which the social security
benefit was paid, or the time period covered by a lump
sum for past social security benefits.
Added by Laws 2008, c. 407, § 3, eff. July 1, 2009.
§43-118C. Deductions from gross income for qualified other children.
A. Deductions for other children of either parent who are
qualified under this section may be considered by the court for the
purpose of reducing the gross income of the parent. Adjustments are
available for a child:
1. Who is the biological, legal, or adopted child of the parent;
2. Who was born prior to or after the child in the case under
consideration;
3. Whom the parent is actually supporting; and
D5*$+''&'%'5 +5( 6!
4. Who is not before the court to set, modify, or enforce
support in the case immediately under consideration.
B. Children for whom support is being determined in the case
under consideration, stepchildren, and other minors in the home that
the parent has no legal obligation to support shall not be considered
in the calculation of this deduction.
C. If the court finds a parent has a parent-child relationship
with a child not before the court, the court may grant a deduction
for that child as set forth in subsection D of this section.
D. Calculation of deduction for qualified other children.
1. Out-of-home children.
a. To receive a deduction against gross income for child
support provided pursuant to a court order for
qualified other children whose primary residence is not
in the home of the parent seeking deduction, the parent
shall establish the existence of a support order and
provide documented proof of support paid for the other
child consistently over a reasonable and extended
period of time prior to the initiation of the
proceeding that is immediately under consideration by
the tribunal, but in any event, such time period shall
not be less than twelve (12) months.
b. Documented proof of support includes:
(1) physical evidence of monetary payments to the
caretaker of the child, such as canceled checks or
money orders, and
(2) evidence of payment of child support under another
child support order, such as a payment history
from a tribunal clerk or child support office or
from the Internet child support payment history of
the Department of Human Services.
c. The available deduction against gross income for either
parent's qualified children not in the home of the
parent is the actual documented court-ordered current
monthly child support obligation of the qualified other
children, averaged to a monthly amount of support paid
over the most recent twelve-month period.
2. In-home children.
a. To receive a deduction against gross income for
qualified other prior-born or after-born children whose
primary residence is with the parent seeking deduction,
but who are not part of the case being determined, the
parent must establish a legal duty of support and that
the child resides with the parent more than fifty
percent (50%) of the time. Documents that may be used
to establish that the parent and child share the same
residence include the school or medical records showing
D5*$+''&'%'5 +5( 6!"
the address of the child and the utility bills of the
parents mailed to the same address, court orders
reflecting the parent is the primary residential parent
or that the parent shares the parenting time of the
child fifty percent (50%) of the time.
b. The deduction for other qualified children shall be
computed as a hypothetical child support order
calculated using the deduction worksheet, the gross
income of the parents, the total number of qualified
other children living in the home of the parent, and
the Child Support Guideline Schedule. The deduction
worksheet shall be prepared by the Department of Human
Services and shall be published by the Administrative
Office of the Courts.
c. The available deduction against gross income for the
qualified in-home children of either parent is seventy-
five percent (75%) of a hypothetical support order
calculated according to these Guidelines, using the
Deduction Worksheet, the gross income of the parent
less any self-employment taxes paid, the total number
of qualified other children living in the home of the
parents, and the Child Support Guideline Schedule.
Added by Laws 2008, c. 407, § 4, eff. July 1, 2009. Amended by Laws
2016, c. 289, § 3, eff. Nov. 1, 2016.
§43-118D. Computation of child support as percentage of parents'
combined gross income - Prospective adjustment - Transportation
expenses - Support order summary form.
A. All child support shall be computed as a percentage of the
combined gross income of both parents. The Child Support Guideline
Schedule as provided in Section 119 of Title 43 of the Oklahoma
Statutes shall be used for such computation. The child support
obligation of each parent shall be computed. The share of the
obligor shall be paid monthly to the obligee and shall be due on a
specific date.
B. In cases in which one parent has sole physical custody, the
adjusted monthly gross income of both parents shall be added together
and the Child Support Guideline Schedule consulted for the total
combined base monthly obligation for child support.
C. After the total combined child support is determined, the
percentage share of each parent shall be allocated by computing the
percentage contribution of each parent to the combined adjusted gross
income and allocating that same percentage to the child support
obligation to determine the base child support obligation of each
parent.
D. 1. In cases of split physical custody, where each parent is
awarded physical custody of at least one of the children for whom the
D5*$+''&'%'5 +5( 6!
parents are responsible, the child support obligation for each parent
shall be calculated by application of the child support guidelines
for each custodial arrangement.
2. The parent with the larger child support obligation shall pay
the difference between the two amounts to the parent with the smaller
child support obligation.
E. Child support shall be computed as set forth in subsections A
through D of this section in every case, regardless of whether the
custodial arrangement is designated as sole custody or joint custody.
F. The court, to the extent reasonably possible, shall make
provision in an order for prospective adjustment of support to
address any foreseen changes including, but not limited to, changes
in medical insurance, child care expenses, medical expenses,
extraordinary costs, and the satisfaction of jointly acquired debt of
the parents used as a deduction from the gross income of a parent.
G. Transportation expenses of a child between the homes of the
parents may be divided between the parents in proportion to their
adjusted gross income, so long as the payment of such expenses does
not significantly reduce the ability of the custodial parent to
provide for the basic needs of the child.
H. The social security numbers of both parents and the children
who are the subject of a paternity or child support order shall be
included in the support order summary form provided for in Section
120 of Title 43 of the Oklahoma Statutes.
I. A completed support order summary form shall be presented to
the judge with all paternity and child support orders where the
Department of Human Services is not a necessary party pursuant to
Section 112 of Title 43 of the Oklahoma Statutes. No such order
shall be signed by the judge without presentation of the form.
Added by Laws 2008, c. 407, § 5, eff. July 1, 2009.
§43-118E. Parenting time adjustment - Reduction in child support
obligation.
A. Parenting time adjustment.
1. The adjustment may be granted based upon a court order or
agreement that the noncustodial parent is granted at least one
hundred twenty-one (121) overnights of parenting time per twelve-
month period with the children in the case under consideration.
2. Average parenting time. If there are multiple children for
whom support is being calculated, and the parent seeking the
parenting time adjustment is spending a different amount of time with
each child, then an annual average of parenting time with all of the
children shall be calculated.
B. In cases of split physical custody, either parent may be
eligible for a parenting time adjustment.
C. Parenting time adjustments are not mandatory, but
presumptive. The presumption may be rebutted in a case where the
D5*$+''&'%'5 +5( 6!
circumstances indicate the adjustment is not in the best interest of
the child or that the increased parenting time by the noncustodial
parent does not result in greater expenditures which would justify a
reduction in the support obligation.
D. Reduction in child support obligation for additional
parenting time.
1. If the parent receiving the parenting time adjustment is
granted one hundred twenty-one (121) or more overnights of parenting
time per twelve-month period with a child, or an average of one
hundred twenty-one (121) overnights with all applicable children, a
reduction to the child support obligation of the parent may be made
as set forth in this section.
2. A parenting time adjustment shall be made to the base monthly
child support obligation by the following formula: The total
combined base monthly child support obligation shall be multiplied by
a factor determined by the number of overnights granted to the
noncustodial parent. The result shall be designated the adjusted
combined child support obligation. In a case where the noncustodial
parent is granted:
a. one hundred twenty-one (121) overnights to one hundred
thirty-one (131) overnights, the factor shall be two
(2),
b. one hundred thirty-two (132) overnights to one hundred
forty-three (143) overnights, the factor shall be one
and three-quarters (1.75), or
c. one hundred forty-four (144) or more overnights, the
factor shall be one and one-half (1.5).
3. To determine the adjusted child support obligation of each
parent, the adjusted combined child support obligation shall be
divided between the parents in proportion to their respective
adjusted gross incomes.
4. a. The percentage of time a child spends with each parent
shall be calculated by determining the number of
overnights for each parent and dividing that number by
three hundred sixty-five (365).
b. The share of the adjusted combined child support
obligation for each parent shall then be multiplied by
the percentage of time the child spends with the other
parent to determine the base child support obligation
owed to the other parent.
c. The respective adjusted base child support obligations
for each parent are then offset, with the parent owing
more base child support paying the difference between
the two amounts to the other parent. The base child
support obligation of the parent owing the lesser
amount is then set at zero dollars ($0.00).
D5*$+''&'%'5 +5( 6!4
5. The parent owing the greater amount of base child support
shall pay the difference between the two amounts as a child support
order. In no event shall the provisions of this paragraph be
construed to authorize or allow the payment of child support by a
parent having more than two hundred five (205) overnights. In no
event shall the amount of child support ordered to be paid by a
parent exceed the amount which would otherwise be ordered if the
parent was not eligible for the parenting time adjustment.
E. 1. Failure to exercise or exercising more than the number of
overnights upon which the parenting time adjustment is based, is a
material change of circumstances.
2. If the court finds that the obligor has failed to exercise a
significant number of the overnights provided in the court order
necessary to receive the parenting time adjustment, in a proceeding
to modify the child support order, the court may establish the amount
that the obligor has underpaid due to the application of the
parenting time adjustment as a child support judgment that may be
enforced in the same manner as any other child support judgment.
3. The court may rule that the obligor will not receive the
parenting time adjustment for the next twelve-month period. After a
twelve-month period during which the obligor did not receive the
parenting time adjustment, the obligor may petition the court to
modify the child support order. The obligor may be granted a
prospective parenting time adjustment upon a showing that the obligor
has actually exercised the threshold number of overnights in the
preceding twelve (12) months. No retroactive modification or credit
from the child support guidelines amount shall be granted based on
this section.
Added by Laws 2008, c. 407, § 6, eff. July 1, 2009. Amended by Laws
2015, c. 238, § 1, eff. Nov. 1, 2015.
§43-118F. Medical support order for health care coverage.
A. The court shall enter a medical support order for health care
coverage in any case in which an ongoing child support order is
entered or modified. Medical support, for the purpose of this
section, is defined as health care coverage, cash medical support, or
a combination of both. For the purposes of this section:
1. "Health care coverage" includes:
a. fee for service,
b. health maintenance organization,
c. preferred provider organization,
d. other types of private health insurance,
e. government medical assistance program or health plan,
f. Indian Health Services, and
g. Defense Eligibility Enrollment Reporting System
(DEERS).
2. "Cash medical support" means:
D5*$+''&'%'5 +5( 6!7
a. an amount ordered to be paid toward the cost of health
care coverage provided by a public entity, parent, or
by a person other than the parents, or
b. fixed periodic payments for ongoing medical costs.
B. In entering a temporary order, the court shall order that any
health care coverage in effect for the child continue in effect
pending the entering of a final order, unless the court finds that
the existing health care coverage is not reasonable in cost or is not
accessible as defined in subsection D of this section. If there is
no health care coverage in effect for the child or if the health care
coverage in effect is not available at a reasonable cost or is not
accessible, the court shall order health care coverage for the child
as provided in this section, unless the court makes a written finding
that good cause exists not to enter a temporary medical support
order.
C. On entering a final order, the court shall:
1. Make specific orders with respect to the manner in which
health care coverage is to be provided for the child; and
2. Require the parent ordered to provide health care coverage
for the child as provided under this section to produce evidence to
the court's satisfaction that the parent has applied for or secured
health care coverage or has otherwise taken necessary action to
provide for health care coverage for the child, as ordered by the
court.
D. When the court enters a medical support order, the medical
support order shall be reasonable in cost and accessible.
1. "Reasonable in cost" means that the pro rata share of the
actual premium cost for the child or children paid by the insured
does not exceed five percent (5%) of the gross income of the
responsible parent. To calculate the actual premium cost of the
health insurance, the court shall:
a. deduct from the total insurance premium the cost of
coverage for the parent and any other adults in the
household,
b. divide the remainder by the number of dependent
children being covered, and
c. multiply the amount per child by the number of children
in the child support case under consideration.
2. "Accessible health care coverage" means that:
a. there are available providers appropriate to meet the
primary individual health care needs of the children no
more than sixty (60) miles one way from the primary
residence of the children.
b. If a parent has available health care coverage which
includes an option that would be accessible to the
child, but the parent has not currently enrolled in
that option, the court may require the parent to change
D5*$+''&'%'5 +5( 6!8
existing coverage to an option that is accessible to
the child.
3. If the parties agree or the court finds good cause exists,
the court may order health care coverage in excess of the five
percent (5%) cost standard or the sixty-mile distance standard.
E. The court shall consider the cost and quality of health care
coverage available to the parties. If both parents have health care
coverage available, the court shall give priority to the preference
of the custodial person, unless it is not in the best interest of the
child.
F. Cash medical support.
1. The responsible parent shall be ordered to pay cash medical
support when:
a. there is no health care plan available for the child,
b. the only health care plan available for the child is a
governmental medical assistance program or health plan,
or
c. a party shows reasonable evidence of domestic violence
or child abuse, such that an order for health care
coverage is inappropriate and the disclosure of
information could be harmful to a party, custodian, or
child.
2. The cash medical support order shall not exceed the pro rata
share of the actual monthly medical expenses paid for the child, or
five percent (5%) of the gross monthly income of the obligor,
whichever is less.
3. a. In determining the actual monthly medical costs for the
child, the court shall determine:
(1) for children who are participating in a government
medical assistance program or health plan, an
amount consistent with rules promulgated by the
Oklahoma Health Care Authority determining the
rates established for the cost of providing
medical care through a government medical
assistance program or health plan, or
(2) for children who are not participating in a
government medical assistance program or health
plan, an amount consistent with rules promulgated
by the Department of Human Services determining
the average monthly cost of health care for
uninsured children.
b. The court may also consider:
(1) proof of past medical expenses incurred by either
parent for the child,
(2) the current state of the health of the child, and
(3) any medical conditions of the child that would
result in an increased monthly medical cost.
D5*$+''&'%'5 +5( 6!!
G. An order requiring the payment of cash medical support under
subsection F of this section shall allow the obligor to terminate
payment of the cash medical support if:
1. Accessible health care coverage for the child becomes
available to the obligor at a reasonable cost; and
2. The obligor:
a. enrolls the child in the insurance plan, and
b. provides the obligee and, in a Title IV-D case, the
Title IV-D agency, the information required under
paragraph 2 of subsection C of this section.
In Title IV-D cases, termination and reinstatement of cash
medical support shall be according to rules promulgated by the
Department of Human Services.
H. 1. The actual health care premium for the child shall be
allocated between the parents in the same proportion as their
adjusted gross income and shall be added to the base child support
obligation.
2. If the obligor pays the health care premium, the obligor
shall receive credit against the base child support obligation for
the allocated share of the health care premium for which the obligee
is responsible.
3. If the obligee pays the health care premium, the obligor
shall pay the allocated share of the health care premium to the
obligee in addition to the base child support obligation.
4. The parent providing the health care coverage shall furnish
to the other parent and to the Child Support Enforcement Division of
the Department of Human Services, if services are being provided
pursuant to Title IV, Part D of the Social Security Act, 42 U.S.C.
Section 601 et seq., with timely written documentation of any change
in the amount of the health care cost premium, carrier, or benefits
within thirty (30) days of the date of the change. Upon receiving
timely notification of the change of cost, the other parent is
responsible for his or her percentage share of the changed cost of
the health care coverage.
5. If the court finds that the obligor has underpaid child
support due to changes in the cost of health care coverage, the
amount of underpayment may be established as a judgment by the court
and enforced in the same manner as any other delinquent child support
judgment. If the court finds that the obligor has overpaid due to
changes in health care coverage cost, the overpayment shall be
satisfied:
a. by offset against any past-due child support owed to
the obligee, or
b. by adjustment to the future child support amount over a
thirty-six-month period, unless the court finds that a
thirty-six month period is not in the best interest of
the child.
D5*$+''&'%'5 +5( 6!;
I. Reasonable and necessary medical, dental, orthodontic,
optometric, psychological, or any other physical or mental health
expenses of the child incurred by either parent and not paid or
reimbursed by insurance or included in a cash medical support order
pursuant to subsection F of this section shall be allocated in the
same proportion as the adjusted gross income of the parents, unless
the parents agree to a different allocation of expenses and the court
finds such allocation is in the best interest of the child. If
reimbursement is required for a health care expense not included in
the current monthly child support obligation, the parent who incurs
the expense shall provide the other parent with proof of the expense
within forty-five (45) days of receiving the Explanation of Benefits
from the insurance provider or other proof of the expense if the
expense is not covered by insurance. The parent responsible for
reimbursement shall pay his or her portion of the expense within
forty-five (45) days of receipt of documentation of the expense.
J. In addition to any other sanctions ordered by the court, a
parent incurring uninsured dependent health expenses or increased
insurance premiums may be denied the right to receive credit or
reimbursement for the expense or increased premium if that parent
fails to comply with subsections H and I of this section.
K. The parent desiring an adjustment to the ongoing child
support order due to a change in the amount of dependent health
insurance premium shall initiate a review of the order in accordance
with Section 118I of this title.
Added by Laws 2008, c. 407, § 7, eff. July 1, 2009. Amended by Laws
2018, c. 87, § 1, eff. Nov. 1, 2018.
§43-118G. Actual annualized child care expenses.
A. The district or administrative court shall determine the
actual annualized child care expenses reasonably necessary to enable
either or both parents to:
1. Be employed;
2. Seek employment; or
3. Attend school or training to enhance employment income.
B. When a parent is participating in the Department of Human
Services child care subsidy program as provided under Section 230.50
of Title 56 of the Oklahoma Statutes, the Child Care
Eligibility/Rates Schedule established by the Department shall be
used to determine the amount to be treated as actual child care costs
incurred. When applying the schedule to determine the family share
copayment amount, the share of the base monthly obligation for child
support of the non-responsible parent and the gross income of the
obligee shall be considered as the monthly income of the obligee.
The actual child care costs incurred shall be the family share
copayment amount indicated on the schedule which shall be allocated
and paid monthly in the same proportion as base child support. The
D5*$+''&'%'5 +5( 6;2
Department of Human Services shall promulgate rules, as necessary, to
implement the provisions of this section.
C. The actual annualized child care costs incurred for the
purposes authorized by this section shall be allocated and added to
the base child support order, and shall be part of the final child
support order.
D. The district or administrative court shall require the parent
incurring child care expenses to notify the obligor within forty-five
(45) days of any change in the amount of the child care costs that
would affect the annualized child care amount as determined in the
order.
E. A parent may be allowed to provide child care incurred during
employment, employment search, or while the other parent is attending
school or training if the court determines it would lead to a
significant reduction in the actual annualized child care cost.
Added by Laws 2008, c. 407, § 8, eff. July 1, 2009.
§43-118H. Deviation from guidelines child support amount.
A. No deviation in the amount of the child support obligation
shall be made which seriously impairs the ability of the obligee in
the case under consideration to maintain minimally adequate housing,
food, and clothing for the children being supported by the order or
to provide other basic necessities, as determined by the court.
B. 1. The district or administrative court may deviate from the
amount of child support indicated by the child support guidelines if
the deviation is in the best interests of the child, and:
2. a. the amount of support so indicated is unjust or
inappropriate under the circumstances,
b. the parties are represented by counsel and have agreed
to a different disposition, or
c. one party is represented by counsel and the deviation
benefits the unrepresented party.
C. If the district or administrative court deviates from the
amount of child support indicated by the child support guidelines,
the court shall make specific findings of fact supporting such
action. The findings of fact shall include:
1. The reasons the court deviated from the presumptive amount of
child support that would have been paid pursuant to the guidelines,
2. The amount of child support that would have been required
under the guidelines if the presumptive amount had not been rebutted,
and
3. A finding by the court that states how, in its determination:
a. the best interests of the child who is subject to the
support award determination are served by deviation
from the presumptive guideline amount, and
D5*$+''&'%'5 +5( 6;
b. application of the guidelines would be unjust or
inappropriate in the particular case before the
tribunal.
D. In instances of extreme economic hardship, deviation from the
guidelines may be considered when the court finds the deviation is
supported by the evidence and is not detrimental to the best
interests of the child before the court.
E. If a parent is residing with a child with extraordinary
medical needs not covered by insurance or other special needs, the
court must consider all resources available for meeting such needs,
including those available from public agencies and other responsible
adults.
F. In cases where the child is in the legal custody of the
Department of Human Services, the child protection or foster care
agency of another state or territory, or any other child-caring
entity, public or private, the court may consider a deviation from
the presumptive child support order if the deviation will assist in
accomplishing a permanency plan or foster care plan for the child
that has a goal of returning the child to the parent, and the parents
need to establish an adequate household or to otherwise adequately
prepare herself or himself for the return of the child clearly
justifies a deviation for this purpose.
G. Extraordinary educational expenses.
1. Extraordinary educational expenses may be added to the
presumptive child support as a deviation. Extraordinary educational
expenses include, but are not limited to, tuition, room and board,
books, fees, and other reasonable and necessary expenses associated
with special needs education for a child with a disability under the
Individuals with Disabilities Educational Act that are appropriate to
the financial abilities of the parent.
2. In determining the amount of deviation for extraordinary
educational expenses, scholarships, grants, stipends, and other cost-
reducing programs received by or on behalf of the child shall be
considered.
H. Special expenses.
1. Special expenses incurred for child rearing which can be
quantified may be added to the child support obligation as a
deviation from the Current Monthly Child Support Obligation. Such
expenses include, but are not limited to, private school tuition,
camp, music or art lessons, travel, school-sponsored extra-curricular
activities, such as band, clubs, and athletics, and other activities
intended to enhance the athletic, social or cultural development of a
child, but that are not otherwise required to be used in calculating
the child support order as are health insurance premiums and work-
related child care costs.
2. Some factors the court may consider in determining whether to
deviate for such extraordinary expenses include: a history of
D5*$+''&'%'5 +5( 6;"
expenditure for such activities, the financial ability of the parents
to provide such activities, and that the child has exhibited an
extraordinary aptitude for the activity.
3. In determining the amount of deviation for extraordinary
educational expenses, scholarships, grants, stipends, and other cost-
reducing programs received by or on behalf of the child shall be
considered.
Added by Laws 2008, c. 407, § 9, eff. July 1, 2009.
§43-118I. Modification of child support orders.
A. 1. Child support orders may be modified upon a material
change in circumstances which includes, but is not limited to, an
increase or decrease in the needs of the child, an increase or
decrease in the income of the parents, changes in actual annualized
child care expenses, changes in the cost of medical or dental
insurance, or when one of the children in the child support order
reaches the age of majority or otherwise ceases to be entitled to
support pursuant to the support order. The court shall apply the
principles of equity in modifying any child support order due to
changes in the circumstances of either party as it relates to the
best interests of the children.
2. Modification of the Child Support Guideline Schedule shall
not alone be a material change in circumstances for child support
orders.
3. An order of modification shall be effective upon the date the
motion to modify was filed, unless the parties agree to the contrary
or the court makes a specific finding of fact that the material
change of circumstance did not occur until a later date.
B. 1. A child support order shall not be modified retroactively
regardless of whether support was ordered in a temporary order, a
decree of divorce, an order establishing paternity, modification of
an order of support, or other action to establish or to enforce
support.
2. All final orders shall state whether past-due support and
interest have accrued pursuant to any temporary order and the amount
due, if any; however, failure to state a past-due amount shall not
bar collection of that amount after entry of the final support order.
C. The amount of a child support order shall not be construed to
be an amount per child unless specified by the district or
administrative court in the order. A child reaching the age of
majority or otherwise ceasing to be entitled to support pursuant to
the support order shall constitute a material change in
circumstances, but shall not automatically serve to modify the order.
When the last child of the parents ceases to be entitled to support,
the child support obligation is automatically terminated as to
prospective child support only.
D5*$+''&'%'5 +5( 6;
D. 1. When a child support order is entered or modified, the
parents may agree or the district or administrative court may require
a periodic exchange of information for an informal review and
adjustment process.
2. When an existing child support order does not contain a
provision which requires an informal review and adjustment process,
either parent may request the other parent to provide the information
necessary for the informal review and adjustment process.
Information shall be provided to the requesting parent within forty-
five (45) days of the request.
3. Requested information may include verification of income,
proof and cost of medical insurance of the children, and current and
projected child care costs. If shared parenting time has been
awarded by the court, documentation of past and prospective overnight
visits shall be exchanged.
4. Exchange of requested information may occur once a year or
less often, by regular mail.
5. a. If the parents agree to a modification of a child
support order, their agreement shall be in writing
using standard modification forms and the child support
computation form provided for in Section 120 of Title
43 of the Oklahoma Statutes.
b. The standard modification forms and the standard child
support computation form shall be submitted to the
district or administrative court. Either court shall
review the modification forms to confirm that the child
support obligation complies with the child support
guidelines or, if agreed to by the parties, the court
may approve a deviation from the child support
guidelines as provided in subsection B of Section 118H
of this title. If the court approves the modification
forms, they shall be filed with the court.
Added by Laws 2008, c. 407, § 10, eff. July 1, 2009. Amended by Laws
2016, c. 289, § 4, eff. Nov. 1, 2016.
§43-119. Computation of child support obligations.
A. Child support shall be computed in accordance with the
following Child Support Guideline Schedule:
SCHEDULE OF BASIC
CHILD SUPPORT OBLIGATIONS
If Combined
Gross Monthly
Income is Total Support Amount
equal to One Two Three Four Five Six Children
or above Child Children Children Children Children or More
50 50 50 50 50 50 50
650 50 50 50 88 118 141
D5*$+''&'%'5 +5( 6;
700 50 50 101 122 154 176
750 61 107 132 156 198 207
800 94 141 165 190 239 242
850 127 174 199 224 274 276
900 159 207 232 258 308 311
950 192 240 265 291 342 345
1,000 206 272 298 325 375 379
1,050 215 305 332 359 409 414
1,100 224 326 365 392 443 448
1,150 232 338 397 425 476 481
1,200 241 351 415 458 497 515
1,250 249 363 430 475 515 551
1,300 257 375 443 490 531 568
1,350 265 386 457 504 547 585
1,400 273 397 470 519 562 602
1,450 280 408 483 533 578 618
1,500 288 419 496 548 594 635
1,550 296 430 509 562 609 652
1,600 304 442 522 576 625 669
1,650 312 453 535 591 640 685
1,700 319 464 548 605 656 702
1,750 327 475 561 620 672 719
1,800 335 486 574 634 687 735
1,850 343 497 587 648 703 752
1,900 351 509 600 663 718 769
1,950 358 520 613 677 734 785
2,000 366 531 626 691 750 802
2,050 374 542 639 706 765 819
2,100 382 554 652 720 781 835
2,150 390 565 665 735 796 852
2,200 398 576 678 749 812 869
2,250 406 587 691 763 828 886
2,300 414 599 704 778 843 902
2,350 422 610 717 792 859 919
2,400 430 621 730 807 874 936
2,450 437 632 743 821 890 952
2,500 445 643 755 835 905 968
2,550 451 653 768 848 919 984
2,600 458 663 780 862 934 1,000
2,650 465 673 792 875 949 1,015
2,700 472 683 804 888 963 1,030
2,750 477 691 814 900 975 1,043
2,800 483 700 824 911 987 1,056
2,850 489 708 834 922 999 1,069
2,900 494 716 844 933 1,011 1,082
2,950 500 725 854 944 1,023 1,095
3,000 505 733 864 955 1,035 1,107
D5*$+''&'%'5 +5( 6;4
3,050 511 741 874 966 1,047 1,120
3,100 517 749 884 977 1,059 1,133
3,150 521 756 892 986 1,069 1,143
3,200 525 761 897 992 1,075 1,150
3,250 528 766 903 998 1,081 1,157
3,300 532 771 908 1,003 1,088 1,164
3,350 535 776 913 1,009 1,094 1,170
3,400 539 780 919 1,015 1,100 1,177
3,450 543 785 924 1,021 1,107 1,184
3,500 546 790 929 1,027 1,113 1,191
3,550 550 795 935 1,033 1,119 1,198
3,600 553 800 940 1,039 1,126 1,205
3,650 557 805 945 1,045 1,132 1,211
3,700 560 809 951 1,050 1,139 1,218
3,750 564 814 956 1,056 1,145 1,225
3,800 567 819 961 1,062 1,151 1,232
3,850 571 824 966 1,068 1,158 1,239
3,900 574 828 972 1,074 1,164 1,245
3,950 577 832 977 1,079 1,170 1,252
4,000 580 837 982 1,085 1,176 1,258
4,050 583 841 987 1,090 1,182 1,265
4,100 586 845 992 1,096 1,188 1,271
4,150 589 850 997 1,102 1,194 1,278
4,200 592 854 1,002 1,107 1,200 1,284
4,250 595 859 1,007 1,113 1,206 1,291
4,300 598 863 1,012 1,119 1,213 1,297
4,350 601 867 1,017 1,124 1,219 1,304
4,400 604 872 1,023 1,130 1,225 1,311
4,450 607 876 1,028 1,136 1,231 1,317
4,500 610 880 1,033 1,141 1,237 1,324
4,550 613 885 1,038 1,147 1,243 1,330
4,600 617 890 1,044 1,154 1,250 1,338
4,650 622 897 1,052 1,162 1,260 1,348
4,700 626 903 1,059 1,171 1,269 1,358
4,750 631 910 1,067 1,179 1,278 1,368
4,800 636 916 1,075 1,188 1,287 1,377
4,850 640 923 1,082 1,196 1,296 1,387
4,900 645 930 1,090 1,205 1,306 1,397
4,950 650 936 1,098 1,213 1,315 1,407
5,000 654 943 1,105 1,222 1,324 1,417
5,050 659 950 1,113 1,230 1,333 1,427
5,100 664 956 1,121 1,239 1,343 1,437
5,150 668 963 1,129 1,247 1,352 1,446
5,200 673 969 1,136 1,256 1,361 1,456
5,250 678 976 1,144 1,264 1,370 1,466
5,300 682 982 1,151 1,272 1,379 1,475
5,350 686 987 1,157 1,279 1,386 1,483
D5*$+''&'%'5 +5( 6;7
5,400 689 992 1,163 1,285 1,393 1,490
5,450 692 997 1,168 1,291 1,400 1,498
5,500 696 1,002 1,174 1,297 1,406 1,505
5,550 699 1,007 1,180 1,304 1,413 1,512
5,600 703 1,012 1,185 1,310 1,420 1,519
5,650 706 1,017 1,191 1,316 1,427 1,527
5,700 709 1,022 1,197 1,322 1,433 1,534
5,750 713 1,027 1,203 1,329 1,441 1,542
5,800 717 1,032 1,209 1,336 1,448 1,550
5,850 721 1,038 1,216 1,343 1,456 1,558
5,900 724 1,043 1,222 1,350 1,464 1,566
5,950 728 1,049 1,228 1,357 1,471 1,574
6,000 732 1,054 1,234 1,364 1,479 1,582
6,050 736 1,060 1,241 1,371 1,487 1,591
6,100 741 1,067 1,249 1,380 1,496 1,601
6,150 746 1,074 1,257 1,389 1,506 1,612
6,200 751 1,081 1,266 1,398 1,516 1,622
6,250 756 1,088 1,274 1,407 1,526 1,633
6,300 761 1,095 1,282 1,417 1,536 1,643
6,350 765 1,102 1,290 1,426 1,545 1,653
6,400 770 1,109 1,298 1,435 1,555 1,664
6,450 775 1,116 1,306 1,444 1,565 1,674
6,500 780 1,123 1,315 1,453 1,575 1,685
6,550 785 1,130 1,323 1,462 1,584 1,695
6,600 790 1,137 1,331 1,471 1,594 1,706
6,650 795 1,144 1,339 1,480 1,604 1,716
6,700 800 1,151 1,347 1,489 1,614 1,727
6,750 805 1,158 1,355 1,498 1,623 1,737
6,800 810 1,165 1,364 1,507 1,633 1,748
6,850 815 1,172 1,372 1,516 1,643 1,758
6,900 819 1,179 1,380 1,525 1,653 1,768
6,950 824 1,186 1,388 1,534 1,663 1,779
7,000 829 1,193 1,396 1,543 1,672 1,789
7,050 834 1,200 1,404 1,552 1,682 1,800
7,100 838 1,206 1,411 1,560 1,691 1,809
7,150 842 1,211 1,418 1,567 1,698 1,817
7,200 846 1,217 1,424 1,574 1,706 1,825
7,250 850 1,222 1,430 1,581 1,713 1,833
7,300 853 1,228 1,437 1,588 1,721 1,842
7,350 857 1,233 1,443 1,595 1,729 1,850
7,400 861 1,238 1,450 1,602 1,736 1,858
7,450 864 1,244 1,456 1,609 1,744 1,866
7,500 868 1,249 1,462 1,616 1,751 1,874
7,550 872 1,254 1,469 1,623 1,759 1,882
7,600 875 1,260 1,475 1,630 1,767 1,890
7,650 879 1,265 1,481 1,637 1,774 1,899
7,700 883 1,270 1,488 1,644 1,782 1,907
D5*$+''&'%'5 +5( 6;8
7,750 887 1,276 1,494 1,651 1,790 1,915
7,800 890 1,281 1,500 1,658 1,797 1,923
7,850 894 1,287 1,507 1,665 1,805 1,931
7,900 898 1,292 1,513 1,672 1,812 1,939
7,950 901 1,297 1,519 1,679 1,820 1,947
8,000 905 1,303 1,526 1,686 1,828 1,955
8,050 909 1,308 1,532 1,693 1,835 1,964
8,100 912 1,313 1,538 1,700 1,843 1,972
8,150 916 1,319 1,545 1,707 1,850 1,980
8,200 920 1,324 1,551 1,714 1,858 1,988
8,250 924 1,330 1,557 1,721 1,866 1,996
8,300 927 1,335 1,564 1,728 1,873 2,004
8,350 931 1,340 1,570 1,735 1,881 2,012
8,400 935 1,346 1,577 1,742 1,888 2,021
8,450 938 1,351 1,583 1,749 1,896 2,029
8,500 943 1,357 1,590 1,757 1,905 2,038
8,550 949 1,363 1,597 1,765 1,913 2,047
8,600 954 1,369 1,605 1,773 1,922 2,057
8,650 959 1,375 1,612 1,781 1,931 2,066
8,700 964 1,381 1,619 1,789 1,939 2,075
8,750 969 1,387 1,626 1,797 1,948 2,084
8,800 974 1,393 1,633 1,805 1,957 2,093
8,850 979 1,399 1,641 1,813 1,965 2,103
8,900 984 1,405 1,648 1,821 1,974 2,112
8,950 989 1,411 1,655 1,829 1,982 2,121
9,000 995 1,417 1,662 1,837 1,991 2,130
9,050 1,000 1,423 1,669 1,845 2,000 2,140
9,100 1,005 1,429 1,677 1,853 2,008 2,149
9,150 1,010 1,435 1,684 1,861 2,017 2,158
9,200 1,015 1,441 1,691 1,869 2,026 2,167
9,250 1,020 1,447 1,698 1,877 2,034 2,177
9,300 1,025 1,453 1,706 1,885 2,043 2,186
9,350 1,030 1,459 1,713 1,893 2,052 2,195
9,400 1,035 1,465 1,720 1,901 2,060 2,204
9,450 1,040 1,471 1,727 1,909 2,069 2,214
9,500 1,046 1,477 1,734 1,917 2,077 2,223
9,550 1,051 1,483 1,742 1,924 2,086 2,232
9,600 1,056 1,489 1,749 1,932 2,095 2,241
9,650 1,061 1,495 1,756 1,940 2,103 2,251
9,700 1,066 1,501 1,763 1,948 2,112 2,260
9,750 1,071 1,507 1,770 1,956 2,121 2,269
9,800 1,076 1,513 1,778 1,964 2,129 2,278
9,850 1,081 1,519 1,785 1,972 2,138 2,288
9,900 1,086 1,525 1,792 1,980 2,147 2,297
9,950 1,091 1,531 1,799 1,988 2,155 2,306
10,000 1,097 1,537 1,807 1,996 2,164 2,315
10,050 1,102 1,543 1,814 2,004 2,173 2,325
D5*$+''&'%'5 +5( 6;!
10,100 1,107 1,549 1,821 2,012 2,181 2,334
10,150 1,112 1,555 1,828 2,020 2,190 2,343
10,200 1,117 1,561 1,835 2,028 2,198 2,352
10,250 1,122 1,567 1,843 2,036 2,207 2,362
10,300 1,127 1,574 1,850 2,044 2,216 2,371
10,350 1,132 1,580 1,857 2,052 2,224 2,380
10,400 1,137 1,586 1,864 2,060 2,233 2,389
10,450 1,142 1,592 1,871 2,068 2,242 2,399
10,500 1,148 1,598 1,879 2,076 2,250 2,408
10,550 1,153 1,604 1,886 2,084 2,259 2,417
10,600 1,158 1,610 1,893 2,092 2,268 2,426
10,650 1,163 1,616 1,900 2,100 2,276 2,436
10,700 1,168 1,622 1,907 2,108 2,285 2,445
10,750 1,173 1,628 1,915 2,116 2,293 2,454
10,800 1,178 1,634 1,922 2,124 2,302 2,463
10,850 1,183 1,640 1,929 2,132 2,311 2,473
10,900 1,188 1,646 1,936 2,140 2,319 2,482
10,950 1,193 1,652 1,944 2,148 2,328 2,491
11,000 1,199 1,658 1,951 2,156 2,337 2,500
11,050 1,204 1,664 1,958 2,164 2,345 2,509
11,100 1,209 1,670 1,965 2,172 2,354 2,519
11,150 1,214 1,676 1,972 2,180 2,363 2,528
11,200 1,219 1,682 1,980 2,188 2,371 2,537
11,250 1,221 1,686 1,984 2,193 2,377 2,543
11,300 1,223 1,689 1,898 2,197 2,382 2,549
11,350 1,225 1,693 1,993 2,202 2,387 2,554
11,400 1,227 1,697 1,997 2,207 2,392 2,560
11,450 1,229 1,700 2,001 2,212 2,397 2,565
11,500 1,231 1,704 2,006 2,216 2,403 2,571
11,550 1,233 1,708 2,010 2,221 2,408 2,576
11,600 1,235 1,711 2,014 2,226 2,413 2,582
11,650 1,237 1,715 2,019 2,231 2,418 2,587
11,700 1,239 1,719 2,023 2,235 2,423 2,593
11,750 1,241 1,723 2,027 2,240 2,428 2,598
11,800 1,243 1,726 2,031 2,245 2,433 2,604
11,850 1,245 1,730 2,036 2,249 2,438 2,609
11,900 1,247 1,734 2,040 2,254 2,444 2,615
11,950 1,249 1,737 2,044 2,259 2,449 2,620
12,000 1,251 1,741 2,049 2,264 2,454 2,626
12,050 1,253 1,745 2,053 2,268 2,459 2,631
12,100 1,255 1,748 2,057 2,273 2,464 2,637
12,150 1,257 1,752 2,061 2,278 2,469 2,642
12,200 1,259 1,756 2,066 2,283 2,474 2,648
12,250 1,261 1,759 2,070 2,287 2,479 2,653
12,300 1,263 1,763 2,074 2,292 2,485 2,659
12,350 1,265 1,767 2,079 2,297 2,490 2,664
12,400 1,267 1,770 2,083 2,302 2,495 2,669
D5*$+''&'%'5 +5( 6;;
12,450 1,270 1,774 2,087 2,306 2,500 2,675
12,500 1,272 1,778 2,091 2,311 2,505 2,680
12,550 1,274 1,781 2,096 2,316 2,510 2,686
12,600 1,276 1,785 2,100 2,320 2,515 2,691
12,650 1,278 1,789 2,104 2,325 2,520 2,697
12,700 1,280 1,792 2,109 2,330 2,526 2,702
12,750 1,282 1,796 2,113 2,335 2,531 2,708
12,800 1,284 1,800 2,117 2,339 2,536 2,713
12,850 1,286 1,803 2,121 2,344 2,541 2,719
12,900 1,288 1,807 2,126 2,349 2,546 2,724
12,950 1,290 1,811 2,130 2,354 2,551 2,730
13,000 1,292 1,814 2,134 2,358 2,556 2,735
13,050 1,294 1,818 2,138 2,363 2,562 2,741
13,100 1,296 1,822 2,143 2,368 2,567 2,746
13,150 1,298 1,825 2,147 2,372 2,572 2,752
13,200 1,300 1,829 2,151 2,377 2,577 2,757
13,250 1,302 1,833 2,156 2,382 2,582 2,763
13,300 1,304 1,836 2,160 2,387 2,587 2,768
13,350 1,306 1,840 2,164 2,391 2,592 2,774
13,400 1,308 1,844 2,168 2,396 2,597 2,779
13,450 1,310 1,847 2,173 2,401 2,603 2,785
13,500 1,312 1,851 2,177 2,406 2,608 2,790
13,550 1,314 1,855 2,181 2,410 2,613 2,796
13,600 1,316 1,858 2,186 2,415 2,618 2,801
13,650 1,318 1,862 2,190 2,420 2,623 2,807
13,700 1,320 1,866 2,194 2,425 2,628 2,812
13,750 1,322 1,869 2,198 2,429 2,633 2,818
13,800 1,324 1,873 2,203 2,434 2,638 2,823
13,850 1,326 1,877 2,207 2,439 2,644 2,829
13,900 1,328 1,880 2,211 2,443 2,649 2,834
13,950 1,330 1,884 2,216 2,448 2,654 2,840
14,000 1,332 1,888 2,220 2,453 2,659 2,845
14,050 1,334 1,891 2,224 2,458 2,664 2,851
14,100 1,336 1,895 2,228 2,462 2,669 2,856
14,150 1,338 1,899 2,233 2,467 2,674 2,862
14,200 1,340 1,902 2,237 2,472 2,679 2,867
14,250 1,342 1,906 2,240 2,477 2,685 2,873
14,300 1,344 1,910 2,246 2,481 2,690 2,878
14,350 1,346 1,913 2,250 2,486 2,695 2,884
14,400 1,348 1,917 2,254 2,491 2,700 2,889
14,450 1,350 1,921 2,258 2,496 2,705 2,894
14,500 1,352 1,924 2,263 2,500 2,710 2,900
14,550 1,354 1,928 2,267 2,505 2,715 2,905
14,600 1,356 1,932 2,271 2,510 2,721 2,911
14,650 1,358 1,935 2,276 2,514 2,726 2,916
14,700 1,360 1,939 2,280 2,519 2,731 2,922
14,750 1,362 1,943 2,284 2,524 2,736 2,927
D5*$+''&'%'5 +5( 622
14,800 1,364 1,946 2,288 2,529 2,741 2,933
14,850 1,366 1,950 2,293 2,533 2,746 2,938
14,900 1,368 1,954 2,297 2,538 2,751 2,944
14,950 1,370 1,957 2,301 2,543 2,756 2,949
15,000 1,372 1,961 2,305 2,548 2,762 2,955
B. If combined gross monthly income exceeds Fifteen Thousand
Dollars ($15,000.00), the child support shall be that amount computed
for a monthly income of Fifteen Thousand Dollars ($15,000.00) and an
additional amount determined by the court.
C. If there are more than six children, the child support shall
be that amount computed for six children and an additional amount
determined by the court.
Added by Laws 1988, c. 224, § 2, emerg. eff. June 20, 1988.
Renumbered from § 1277.8 of Title 12 by Laws 1989, c. 333, § 1, eff.
Nov. 1, 1989. Amended by Laws 1999, c. 422, § 3, eff. Nov. 1, 1999;
Laws 2000, c. 345, § 3, emerg. eff. June 6, 2000.
§43-119.1. Legislative review of child support guidelines.
The child support guidelines shall be reviewed at least once
every four (4) years by the Judiciary Committees of the Senate and
the House of Representatives to ensure that their application results
in the determination of appropriate child support award amounts.
Added by Laws 1989, c. 362, § 4, eff. Nov. 1, 1989. Renumbered from
Title 12, § 1277.8A by Laws 1990, c. 171, § 3, operative July 1,
1990. Also renumbered from Title 12, § 1277.8A by Laws 1990, c. 188,
§ 2, eff. Sept. 1, 1990.
§43-120. Child support forms.
A. A child support computation form shall be signed by the judge
and incorporated as a part of all orders which establish or modify a
child support obligation.
B. 1. When services are not being provided under the Department
of Human Services State IV-D plan pursuant to Section 237 of Title 56
of the Oklahoma Statutes, a support order summary form shall be
prepared by the attorney of record or the pro se litigant and
presented to the judge with all orders which establish paternity or
establish, modify or enforce a child support obligation. No
paternity or child support order shall be signed by the judge without
presentation of the support order summary form. After the order is
signed by the judge, the summary of support order form shall be
submitted to the Central Case Registry provided for in Section 112A
of this title.
2. Standard forms for motions to modify child support and orders
modifying child support shall be used by all parents for any
agreements submitted to the court for approval as a part of the
informal review and adjustment process provided in Section 118 of
this title.
D5*$+''&'%'5 +5( 62
3. The forms specified by this subsection shall be prepared by
the Department of Human Services and shall be published by the
Administrative Office of the Courts.
Added by Laws 1988, c. 224, § 3, emerg. eff. June 20, 1988.
Renumbered from § 1277.9 of Title 12 by Laws 1989, c. 333, § 1, eff.
Nov. 1, 1989. Amended by Laws 1993, c. 307, § 3, emerg. eff. June 7,
1993; Laws 1998, c. 323, § 10, eff. Oct. 1, 1998; Laws 1999, c. 422,
§ 4, eff. Nov. 1, 1999; Laws 2000, c. 345, § 4, emerg. eff. June 6,
2000; Laws 2001, c. 407, § 7, eff. July 1, 2001; Laws 2002, c. 314, §
4, eff. Nov. 1, 2002; Laws 2006, c. 127, § 4, eff. Nov. 1, 2006.
§43-120.1. Short title.
Sections 120.1 through 120.5 of this title shall be known and may
be cited as the “Parenting Coordinator Act”.
Added by Laws 2001, c. 407, § 8, eff. July 1, 2001. Amended by Laws
2003, c. 302, § 5, emerg. eff. May 28, 2003.
§43-120.2. Definitions.
As used in the Parenting Coordinator Act:
1. “Parenting coordinator” means an impartial third party
qualified pursuant to subsection A of Section 120.6 of this title
appointed by the court to assist parties in resolving issues and
deciding disputed issues pursuant to the provisions of the Parenting
Coordinator Act relating to parenting and other family issues in any
action for dissolution of marriage, legal separation, paternity, or
guardianship where a minor child is involved; and
2. “High-conflict case” means any action for dissolution of
marriage, legal separation, paternity, or guardianship where minor
children are involved and the parties demonstrate a pattern of
ongoing:
a. litigation,
b. anger and distrust,
c. verbal abuse,
d. physical aggression or threats of physical aggression,
e. difficulty in communicating about and cooperating in
the care of their children, or
f. conditions that in the discretion of the court warrant
the appointment of a parenting coordinator.
Added by Laws 2001, c. 407, § 9, eff. July 1, 2001. Amended by Laws
2003, c. 302, § 6, emerg. eff. May 28, 2003.
§43-120.3. Appointment of parenting coordinator – Party agreement –
Authority - Meetings - Parental rights - Removal.
A. In any action for dissolution of marriage, legal separation,
paternity, or guardianship where minor children are involved, the
court may, upon its own motion, or by motion or agreement of the
parties, appoint a parenting coordinator to assist the parties in
D5*$+''&'%'5 +5( 62"
resolving issues and decide disputed issues pursuant to the
provisions of the Parenting Coordinator Act related to parenting or
other family issues in the case except as provided in subsection B of
this section, and subsection A of Section 120.5 of this title.
B. The court shall not appoint a parenting coordinator if any
party objects, unless:
1. The court makes specific findings that the case is a high-
conflict case; and
2. The court makes specific findings that the appointment of a
parenting coordinator is in the best interest of any minor child in
the case.
C. 1. The authority of a parenting coordinator shall be
specified in the order appointing the parenting coordinator and
limited to matters that will aid the parties in:
a. identifying disputed issues,
b. reducing misunderstandings,
c. clarifying priorities,
d. exploring possibilities for compromise,
e. developing methods of collaboration in parenting, and
f. complying with the court’s order of custody,
visitation, or guardianship.
2. The appointment of a parenting coordinator shall not divest
the court of its exclusive jurisdiction to determine fundamental
issues of custody, visitation, and support, and the authority to
exercise management and control of the case.
3. The parenting coordinator shall not make any modification to
any order, judgment or decree; however, the parenting coordinator may
allow the parties to make minor temporary departures from a parenting
plan if authorized by the court to do so. The appointment order
should specify those matters which the parenting coordinator is
authorized to determine. The order shall specify which
determinations will be immediately effective and which will require
an opportunity for court review prior to taking effect.
D. The parties may limit the decision-making authority of the
parenting coordinator to specific issues or areas if the parenting
coordinator is being appointed pursuant to agreement of the parties.
E. Meetings between the parenting coordinator and the parties
need not follow any specific procedures and the meetings may be
informal. All communication between the parties and the parenting
coordinator shall not be confidential.
F. Nothing in the Parenting Coordinator Act shall abrogate the
custodial or noncustodial parent’s rights or any court-ordered
visitation given to grandparents or other persons except as
specifically addressed in the order appointing the parenting
coordinator.
D5*$+''&'%'5 +5( 62
G. 1. Except as otherwise provided by this subsection, the
court shall reserve the right to remove the parenting coordinator in
its own discretion.
2. The court may remove the parenting coordinator upon the
request and agreement of both parties. Upon the motion of either
party and good cause shown, the court may remove the parenting
coordinator.
Added by Laws 2001, c. 407, § 10, eff. July 1, 2001. Amended by Laws
2003, c. 302, § 7, emerg. eff. May 28, 2003.
§43-120.4. Report of decision.
A. A report of the decisions and recommendations made by the
parenting coordinator shall be filed with the court within twenty
(20) days, with copies of the report provided to the parties or their
counsel. There shall be no ex parte communication with the court.
B. Any decisions made by the parenting coordinator authorized by
the court order and issued pursuant to the provisions of the
Parenting Coordinator Act shall be binding on the parties until
further order of the court.
C. 1. Any party may file with the court and serve on the
parenting coordinator and all other parties an objection to the
parenting coordinator’s report within ten (10) days after the
parenting coordinator provides the report to the parties, or within
another time as the court may direct.
2. Responses to the objections shall be filed with the court and
served on the parenting coordinator and all other parties within ten
(10) days after the objection is served.
D. The court shall review any objections to the report and any
responses submitted to those objections to the report and shall
thereafter enter appropriate orders.
Added by Laws 2001, c. 407, § 11, eff. July 1, 2001. Amended by Laws
2003, c. 302, § 8, emerg. eff. May 28, 2003.
§43-120.5. Fees - Appointment.
A. 1. No parenting coordinator shall be appointed unless the
court finds that the parties have the means to pay the fees of the
parenting coordinator.
2. This state shall assume no financial responsibility for
payment of fees to the parenting coordinator; except that, in cases
of hardship, the court, if feasible, may appoint a parenting
coordinator to serve on a volunteer basis.
B. 1. The fees of the parenting coordinator shall be allocated
between the parties with the relative percentages determined pursuant
to the child support guidelines.
2. The court may allocate the fees between the parties
differently upon a finding of good cause by the court or good cause
set forth in the parenting coordinator’s report.
D5*$+''&'%'5 +5( 62
Added by Laws 2001, c. 407, § 12, eff. July 1, 2001. Amended by Laws
2003, c. 302, § 9, emerg. eff. May 28, 2003.
§43-120.6. Qualifications.
A. Each judicial district shall adopt local rules governing the
qualifications of a parenting coordinator; provided, however, the
qualifications adopted shall not exceed the qualifications
established in subsection B of this section.
B. To be qualified as a parenting coordinator, a person shall:
1. Have a master’s degree in a mental health or behavioral
health field, shall have training and experience in family mediation
and shall be a certified mediator under the laws of this state; or
2. Be a licensed mental health professional or licensed attorney
practicing in an area related to families.
C. Parenting coordinators who are not licensed attorneys shall
not be considered as engaging in the unauthorized practice of law
while performing actions within the scope of his or her duties as a
parenting coordinator.
Added by Laws 2001, c. 407, § 13, eff. July 1, 2001. Amended by Laws
2003, c. 302, § 10, emerg. eff. May 28, 2003; Laws 2006, c. 99, § 1,
eff. Nov. 1, 2006; Laws 2010, c. 350, § 2, eff. Nov. 1, 2010.
§43-120.7. Court expert - Procedures.
A. As used in this section, "court expert" means a parenting
coordinator, guardian ad litem, custody evaluator or any other person
appointed by the court in a custody or visitation proceeding
involving children.
B. Before the court appoints an individual as a court expert,
the following disclosures shall be made by the candidate to the
parties:
1. A disclosure of any prior relationships with any party,
attorney or judge in the pending action;
2. A complete resume disclosing all personal and professional
qualifications to serve as a court expert;
3. Any suspensions from practice, reprimands, or other formal
punishments resulting from an adjudication of complaints filed
against the person with the professional licensing board or other
organization authorized to receive complaints regarding the
performance of the individual in question; and
4. Any criminal convictions within the past ten (10) years and
inclusion on any sexual offender list.
C. A party may file an objection to the appointment of a
proposed court expert within fifteen (15) days after the receipt of
the disclosures required by subsection B of this section. Upon
filing an objection to the proposed court expert, the court shall set
the matter for hearing. If requested, the party objecting to the
appointment of the proposed court expert shall be entitled to
D5*$+''&'%'5 +5( 624
discovery related to the qualifications and appropriateness of the
proposed court expert prior to hearing.
D. In any case involving domestic violence, stalking or
harassment as defined by paragraph 2 of subsection I of Section 109
of this title, the court expert shall have completed sixteen (16)
hours of domestic violence training that includes, but is not limited
to, information regarding the danger and lethality of domestic
violence, the causes and dynamics of domestic violence, the impact of
domestic violence upon victims and children, and the characteristics
of a batterer as a parent.
Added by Laws 2010, c. 105, § 1. Amended by Laws 2015, c. 385, § 2,
eff. Nov. 1, 2015.
§43-121. Restoration of maiden or former name - Alimony - Division
of property.
A. When a dissolution of marriage is granted, the decree shall
restore:
1. To the wife her maiden or former name, if her name was
changed as a result of the marriage and if she so desires;
2. To the husband his former name, if his name was changed as a
result of the marriage and if he so desires.
B. The court shall enter its decree confirming in each spouse
the property owned by him or her before marriage and the undisposed-
of property acquired after marriage by him or her in his or her own
right. Either spouse may be allowed such alimony out of real and
personal property of the other as the court shall think reasonable,
having due regard to the value of such property at the time of the
dissolution of marriage. Alimony may be allowed from real or
personal property, or both, or in the form of money judgment, payable
either in gross or in installments, as the court may deem just and
equitable. As to such property, whether real or personal, which has
been acquired by the parties jointly during their marriage, whether
the title thereto be in either or both of said parties, the court
shall, subject to a valid antenuptial contract in writing, make such
division between the parties as may appear just and reasonable, by a
division of the property in kind, or by setting the same apart to one
of the parties, and requiring the other thereof to be paid such sum
as may be just and proper to effect a fair and just division thereof.
The court may set apart a portion of the separate estate of a spouse
to the other spouse for the support of the children of the marriage
where custody resides with that spouse.
C. A servicemember’s portion of Special Monthly Compensation
(SMC) awarded by or from the United States Department of Veterans
Affairs for service-connected loss or loss of use of specific organs
or extremities shall be separate property, not divisible as a marital
asset nor as community property. For purposes of identifying SMC, it
is the sole responsibility of the servicemember to prove with
D5*$+''&'%'5 +5( 627
competent evidence what amount of his or her disability compensation
is SMC.
D. A servicemember's portion of Combat-Related Special
Compensation (CRSC) shall be separate property, not divisible as a
marital asset nor as community property, if a specific dollar amount
of CRSC can be proved by the servicemember as compensation for
combat-related loss of limb or loss of bodily function and the CRSC
award was applied for and established prior to the date of the filing
of the dissolution of marriage action.
E. Pursuant to the federal Uniformed Services Former Spouses'
Protection Act, 10 U.S.C., Section 1408, a court may treat disposable
retired or retainer pay payable to a military member either as
property solely of the member or as property of the member and the
spouse of the member. If a state court determines that the
disposable retired or retainer pay of a military member is the sole
and separate property of the military member, the court shall submit
clear and concise written findings of such determination to be
included in the decree or final order. If a state court determines
that the disposable retired or retainer pay of a military member is
marital property, the court shall submit clear and concise written
findings of such determination to be included in the decree or final
order and shall award an amount consistent with the rank, pay grade,
and time of service of the member at the date of the filing of the
petition, unless the court finds a more equitable date due to the
economic separation of the parties.
F. Unless otherwise agreed to by the parties, any division of an
active duty military member's retirement or retainer pay shall use
the following language:
"The former spouse is awarded a percentage of the member's
disposable military retired pay, to be computed by multiplying fifty
percent (50%) times a fraction, the numerator of which is ____x____
months of marriage during the member's creditable military service,
divided by the member's total number of months of creditable military
service."
G. In the case of a member's retiring from reserve duty, unless
otherwise agreed by the parties, any division of a reservist's
retirement or retainer pay shall use the following language:
"The former spouse is awarded a percentage of the member's
disposable military retired pay, to be computed by multiplying fifty
percent (50%) times a fraction, the numerator of which is
__X____reserve retirement points earned during the period of the
marriage, divided by the member's total number of reserve retirement
points earned."
R.L.1910, § 4969. Amended by Laws 1975, c. 350, § 1, eff. Oct. 1,
1975; Laws 1976, c. 154, § 1; Laws 1985, c. 39, § 1, emerg. eff.
April 19, 1985. Renumbered from § 1278 of Title 12 by Laws 1989, c.
333, § 1, eff. Nov. 1, 1989. Amended by Laws 1992, c. 252, § 3, eff.
D5*$+''&'%'5 +5( 628
Sept. 1, 1992; Laws 2006, c. 311, § 5, emerg. eff. June 8, 2006; Laws
2012, c. 261, § 2, emerg. eff. May 15, 2012; Laws 2012, c. 334, § 1,
eff. Nov. 1, 2012.
§43-122. Effect of divorce.
A divorce granted at the instance of one party shall operate as a
dissolution of the marriage contract as to both, and shall be a bar
to any claim of either party in or to the property of the other,
except in cases where actual fraud shall have been committed by or on
behalf of the successful party.
R.L.1910, § 4970. Remembered from Title 12, § 1279 by Laws 1989, c.
333, § 1, eff. Nov. 1, 1989.
§43-123. Remarriage and cohabitation - Appeal from judgment.
It shall be unlawful for either party to an action for divorce
whose former husband or wife is living to marry in this state a
person other than the divorced spouse within six (6) months from date
of decree of divorce granted in this state, or to cohabit with such
other person in this state during said period if the marriage took
place in another state; and if an appeal be commenced from said
decree, it shall be unlawful for either party to such cause to marry
any other person and cohabit with such person in this state until the
expiration of thirty (30) days from the date on which final judgment
shall be rendered pursuant to such appeal. Any person violating the
provisions of this section by such marriage shall be deemed guilty of
the felony of bigamy. Any person violating the provisions of this
section by such cohabitation shall be deemed guilty of the felony of
adultery.
An appeal from a judgment granting or denying a divorce shall be
made in the same manner as in any other civil case.
R.L. 1910, § 4971. Amended by Laws 1925, c. 119, p. 166, § 1; Laws
1957, p. 82, § 1; Laws 1969, c. 322, § 1; Laws 1970, c. 5, § 1, eff.
Jan. 1, 1971. Renumbered from Title 12, § 1280 by Laws 1989, c. 333,
§ 1, eff. Nov. 1, 1989. Amended by Laws 1997, c. 133, § 462, eff.
July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 462 from July 1, 1998, to July 1, 1999.
§43-124. Bigamy a felony.
Every person convicted of bigamy as such offense is defined in
Section 123 of this title shall be guilty of a felony and shall be
punished by imprisonment in the State Penitentiary for a term of not
less than one (1) year nor more than three (3) years.
R.L. 1910, § 4972. Renumbered from § 1281 of Title 12 by Laws 1989,
c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1997, c. 133, § 463,
eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 336, eff. July 1,
1999.
D5*$+''&'%'5 +5( 62!
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 463 from July 1, 1998, to July 1, 1999.
§43-125. Validation of decrees annulling marriage or granting
divorce.
A judgment or decree, heretofore rendered by a court having
jurisdiction of the parties, annulling a marriage and/or granting a
divorce, on the grounds that one of the parties had been previously
married and divorced and said divorce decree had not become final, is
hereby validated.
Laws 1937, p. 9, § 1. Renumbered from Title 12, § 1281a by Laws 1989,
c. 333, § 1, eff. Nov. 1, 1989.
§43-126. Remarriage within six months as ground for annulment.
A marriage wherein one of the parties had not been divorced for
six (6) months shall hereafter in this state be ground for annullment
of marriage by either party.
Laws 1937, p. 9, § 2. Renumbered from Title 12, § 1281b by Laws 1989,
c. 333, § 1, eff. Nov. 1, 1989.
§43-127. Time when judgments in divorce actions become final -
Effect of appeal.
Every decree of divorce shall recite the day and date when the
judgment was rendered. If an appeal be taken from a judgment
granting or denying a divorce, that part of the judgment does not
become final and take effect until the appeal is determined. If an
appeal be taken from any part of a judgment in a divorce action
except the granting of the divorce, the divorce shall be final and
take effect from the date the decree of divorce is rendered, provided
neither party thereto may marry another person until six (6) months
after the date the decree of divorce is rendered; that part of the
judgment appealed shall not become final and take effect until the
appeal be determined.
R.L.1910, 4973; Laws 1969, c. 321, § 1, emerg. eff. May 7, 1969.
Renumbered from Title 1, § 1282 by Laws 1989, c. 333, § 1, eff. Nov.
1, 1989.
§43-128. Avoidance of marriage of incompetents.
When either of the parties to a marriage shall be incapable, from
want of age or understanding, of contracting such marriage, the same
may be declared void by the district court, in an action brought by
the incapable party or by the parent or guardian of such party; but
the children of such marriage begotten before the same is annulled,
shall be legitimate. Cohabitation after such incapacity ceases,
shall be a sufficient defense to any such action.
R.L.1910, § 4974. Renumbered from Title 12, § 1283 by Laws 1989, c.
333, § 1, eff. Nov. 1, 1989.
D5*$+''&'%'5 +5( 62;
§43-129. Alimony without divorce.
The wife or husband may obtain alimony from the other without a
divorce, in an action brought for that purpose in the district court,
for any of the causes for which a divorce may be granted. Either may
make the same defense to such action as he might to an action for
divorce, and may, for sufficient cause, obtain a divorce from the
other in such action.
R.L.1910, § 4975.³Renumbered from Title 12, § 1284 by Laws 1989, c.
333, § 1, eff. Nov. 1, 1989.
§43-130. Evidence.
Upon the trial of an action for a divorce, or for alimony the
court may admit proof of the admissions of the parties to be received
in evidence, carefully excluding such as shall appear to have been
obtained by connivance, fraud, coercion or other improper means.
Proof of cohabitation, and reputation of the marriage of the parties,
may be received as evidence of the marriage. But no divorce shall be
granted without proof.
R.L.1910, § 4976.³Renumbered from Title 12, § 1285 by Laws 1989, c.
333, § 1, eff. Nov. 1, 1989
§43-131. Residency in divorce cases.
A married person who meets the residence requirements prescribed
by law for bringing a divorce action in this state may seek a divorce
in this state, though the other spouse resides elsewhere.
R.L.1910, § 4977. Amended by Laws 1975, c. 36, § 1. Renumbered from
Title 12, § 1286 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
§43-132. Parties may testify.
In any action for divorce hereafter tried, the parties thereto,
or either of them, shall be competent to testify in like manner,
respecting any fact necessary or proper to be proven, as parties to
other civil actions are allowed to testify.
R.L.1910, § 4978.³Renumbered from Title 12, § 1287 by Laws 1989, c.
333, § 1, eff. Nov. 1, 1989.
§43-133. Setting aside of divorce decrees upon petition of parties.
When a decree of divorce has been issued by a district or
superior court, said court is hereby authorized to dissolve said
decree at any future time, in or out of the term wherein the decree
was granted, provided that both parties to the divorce action file a
petition, signed by both parties, asking that said decree be set
aside and held for naught. And further provided that both parties
seeking to have the decree set aside shall make proof to the court
that neither one has married a third party during the time since the
issuance of the decree of divorce.
D5*$+''&'%'5 +5( 62
Laws 1959, P. 81, § 1.³Renumbered from Title 12, § 1288 by Laws 1989,
c. 333, § 1, eff. Nov. 1, 1989.
§43-134. Alimony payments - Designation of support and property
payments - Termination of support - Cohabitation by former spouse -
Modification of support - Active military pay - Disposable retired or
retainer military pay.
A. In any dissolution of marriage decree which provides for
periodic alimony payments, the court shall plainly state, at the time
of entering the original decree, the dollar amount of all or a
portion of each payment which is designated as support and the dollar
amount of all or a portion of the payment which is a payment
pertaining to a division of property. The court shall specify in the
decree that the payments pertaining to a division of property shall
continue until completed. Payments pertaining to a division of
property are irrevocable and not subject to subsequent modification
by the court making the award. An order for the payment of money
pursuant to a dissolution of marriage decree, whether designated as
support or designated as pertaining to a division of property shall
not be a lien against the real property of the person ordered to make
such payments unless the court order specifically provides for a lien
on real property. An arrearage in payments of support reduced to a
judgment may be a lien against the real property of the person
ordered to make such payments.
B. The court shall also provide in the dissolution of marriage
decree that upon the death or remarriage of the recipient, the
payments for support, if not already accrued, shall terminate. The
court shall order the judgment for the payment of support to be
terminated, and the lien released upon the presentation of proper
proof of death of the recipient unless a proper claim is made for any
amount of past-due support payments by an executor, administrator, or
heir within ninety (90) days from the date of death of the recipient.
Upon proper application the court shall order payment of support
terminated and the lien discharged after remarriage of the recipient,
unless the recipient can make a proper showing that some amount of
support is still needed and that circumstances have not rendered
payment of the same inequitable, provided the recipient commences an
action for such determination, within ninety (90) days of the date of
such remarriage. Any modification of alimony payments shall be
effective upon the date of the filing of the requested modification.
C. The voluntary cohabitation of a former spouse with a member
of the opposite sex shall be a ground to modify provisions of a final
judgment or order for alimony as support. If voluntary cohabitation
is alleged in a motion to modify the payment of support, the court
shall have jurisdiction to reduce or terminate future support
payments upon proof of substantial change of circumstances of either
party to the dissolution of marriage relating to need for support or
D5*$+''&'%'5 +5( 6
ability to support. As used in this subsection, the term
cohabitation means the dwelling together continuously and habitually
of a man and a woman who are in a private conjugal relationship not
solemnized as a marriage according to law, or not necessarily meeting
all the standards of a common-law marriage. The petitioner shall
make application for modification and shall follow notification
procedures used in other dissolution of marriage decree modification
actions. The court that entered the dissolution of marriage decree
shall have jurisdiction over the modification application.
D. Except as otherwise provided in subsection C of this section,
the provisions of any dissolution of marriage decree pertaining to
the payment of alimony as support may be modified upon proof of
changed circumstances relating to the need for support or ability to
support which are substantial and continuing so as to make the terms
of the decree unreasonable to either party. Modification by the
court of any dissolution of marriage decree pertaining to the payment
of alimony as support, pursuant to the provisions of this subsection,
may extend to the terms of the payments and to the total amount
awarded; provided however, such modification shall only have
prospective application.
E. In no event shall an award of alimony, whether designated for
support or for property division, be based on the servicemember's
portion of any Special Monthly Compensation (SMC) award from the
United States Department of Veterans Affairs.
F. Pursuant to the federal Uniformed Services Former Spouses'
Protection Act, 10 U.S.C., Section 1408, a court may treat disposable
retired or retainer pay payable to a military member either as
property solely of the member or as property of the member and the
spouse of the member. If a state court determines that the
disposable retired or retainer pay of a military member is the sole
and separate property of the military member, the court shall submit
clear and concise written findings of such determination to be
included in the decree or final order. If a state court determines
that the disposable retired or retainer pay of a military member is
marital property, the court shall submit clear and concise written
findings of such determination to be included in the decree or final
order and shall award an amount consistent with the rank, pay grade,
and time of service of the member at the date of the filing of the
petition, unless the court finds a more equitable date due to the
economic separation of the parties.
G. Unless otherwise agreed to by the parties, any division of an
active duty military member's retirement or retainer pay shall use
the following language:
"The former spouse is awarded a percentage of the member's
disposable military retired pay, to be computed by multiplying fifty
percent (50%) times a fraction, the numerator of which is ____x____
months of marriage during the member's creditable military service,
D5*$+''&'%'5 +5( 6"
divided by the member's total number of months of creditable military
service."
H. In the case of a member's retiring from reserve duty, unless
otherwise agreed by the parties, any division of a reservist's
retirement or retainer pay shall use the following language:
"The former spouse is awarded a percentage of the member's
disposable military retired pay, to be computed by multiplying fifty
percent (50%) times a fraction, the numerator of which is
__X____reserve retirement points earned during the period of the
marriage, divided by the member's total number of reserve retirement
points earned."
I. The provisions of subsection D of this section shall have
retrospective and prospective application with regards to
modifications for the purpose of obtaining support or payments
pertaining to a division of property on dissolution of marriage
decrees which become final after June 26, 1981. There shall be a
two-year statute of limitations, beginning on the date of the final
dissolution of marriage decree, for a party to apply for division of
disposable retired or retainer pay.
J. The provisions of subsections C and D of this section shall
have retrospective and prospective application with regards to
modifications of the provisions of a final judgment or order for
alimony as support, or of a dissolution of marriage decree pertaining
to the payment of alimony as support, regardless of the date that the
order, judgment, or decree was entered.
K. Notwithstanding any other provision of this section, a court
shall not consider disability compensation received by a party from
the United States Department of Veterans Affairs for service-related
injuries for any purpose. Additionally, the court shall not offset
any service-related disability income with other assets of the
military member. However, if there is an increase in service-related
disability income as a result of the veteran having dependents, that
increase may be included in divorce calculations.
Added by Laws 1965, c. 344, § 1. Amended by Laws 1967, c. 328, § 1;
Laws 1968, c. 161, § 1, emerg. eff. April 11, 1968; Laws 1976, c. 61,
§ 1; Laws 1979, c. 278, § 1; Laws 1983, c. 86, § 1, operative Nov. 1,
1983; Laws 1985, c. 188, § 1, eff. Nov. 1, 1985; Laws 1987, c. 130, §
1, emerg. eff. June 3, 1987. Renumbered from § 1289 of Title 12 by
Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1991, c.
113, § 5, eff. Sept. 1, 1991; Laws 1992, c. 252, § 4, eff. Sept. 1,
1992; Laws 2008, c. 407, § 11, eff. July 1, 2009; Laws 2012, c. 261,
§ 3, emerg. eff. May 15, 2012; Laws 2012, c. 334, § 2, eff. Nov. 1,
2012; Laws 2017, c. 274, § 1, eff. Nov. 1, 2017.
§43-135. Lien for arrearage in child support payments.
A. An arrearage in payment of child support reduced to an order
of the court or administrative order of the Department of Human
D5*$+''&'%'5 +5( 6
Services or any past due payment or installment of child support that
is a judgment and lien by operation of law may be a lien against the
real and personal property of the person ordered to make the support
payments.
B. Past due amounts of child support shall become a lien by
operation of law upon the real and personal property of the person
ordered to make the payments at the time they become past due.
C. 1. A judgment or order providing for the payment of current
support or an arrearage of child support shall be a lien upon real
property owned by the person obligated to pay support or upon any
real property which may be acquired by the person prior to the
release of the lien. Notice of the lien on real property shall be
given by the filing of a statement of judgment pursuant to Section
706 of Title 12 of the Oklahoma Statutes with the county clerk of the
county where the property is located.
2. If child support services are being provided under the state
child support plan as provided under Section 237 of Title 56 of the
Oklahoma Statutes, the amount reflected in the official records of
the Centralized Support Registry provided for in Section 413 of this
title shall constitute the amount of the lien on the obligor's real
property, regardless of the amount reflected in the statement of
judgment.
3. The judgment or order shall not become a lien for any sums
prior to the date they severally become due and payable. A child
support judgment shall become dormant as a lien upon real property
five (5) years from the date the statement of judgment is filed of
record with the county clerk unless the judgment lien is extended in
accordance with subsection C of Section 759 of Title 12 of the
Oklahoma Statutes.
D. A judgment providing for the payment of an arrearage of child
support or pursuant to which a past due amount has accrued shall
become a lien upon benefits payable as a lump sum received from a
personal injury, wrongful death or workers' compensation claim of the
person ordered to pay the support and shall not be subject to the
exemptions from attachment of Section 1 of Title 31 of the Oklahoma
Statutes or as otherwise provided by law. The lien shall be
effective upon the filing of a notice of lien with the court in which
a proceeding for personal injury, wrongful death or workers’
compensation has been initiated by or on behalf of the obligor. If a
proceeding has not been initiated, a notice of lien shall be served
by mail upon the entity responsible for paying monies to the person
ordered to pay support. A court or the entity responsible for
satisfying the lien may request a certified copy of the judgment or
order be attached to the lien.
E. The provisions of this section shall be available to an
agency of another state responsible for implementing the child
D5*$+''&'%'5 +5( 6
support enforcement program set forth in Title IV-D, of the Social
Security Act seeking to enforce a judgment for child support.
F. The provisions of this section shall not authorize a forced
sale of any real property to enforce a lien which is otherwise
exempted by state law.
G. A lien shall be released upon the full payment of the amount
of the arrearage.
H. The person entitled to support or the Department of Human
Services on behalf of its clients and recipients is authorized to
enforce the liens created pursuant to this section and to execute
releases or partial releases of the liens.
Added by Laws 1985, c. 297, § 20, operative Oct. 1, 1985. Amended by
Laws 1986, c. 176, § 4, emerg. eff. May 15, 1986; Laws 1987, c. 230,
§ 15, eff. Oct. 1, 1987. Renumbered from Title 12, § 1289.1 by Laws
1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 356,
§ 16, eff. Sept. 1, 1994; Laws 1996, c. 233, § 2, eff. Nov. 1, 1996;
Laws 1997, c. 402, § 15, eff. July 1, 1997; Laws 1998, c. 323, § 11,
eff. Oct. 1, 1998; Laws 2000, c. 384, § 6, eff. Nov. 1, 2000; Laws
2001, c. 407, § 14, eff. July 1, 2001; Laws 2007, c. 201, § 1, eff.
Nov. 1, 2007.
§43-136. Mailing of alimony and support payments - Evidence of
support payments - Income assignment fee.
A. If a judicial order, judgment or decree directs that the
payment of child support, alimony, temporary support or any similar
type of payment be made through the office of the court clerk, then
it shall be the duty of the court to transmit such payments to the
payee by first class United States mail, if requested to do so by the
payee. Such payments shall be mailed to the payee at the address
specified in writing by the payee. In the event of a change in
address of the payee it shall be the duty of the payee to furnish to
the court clerk in writing the new address of the payee.
B. A report of child support payments with a certificate of
authenticity executed by the court clerk is admissible into evidence
in court or in an administrative proceeding as self-authenticated.
C. A fee not to exceed Twenty-five Dollars ($25.00) shall be
charged and collected for any post decree application to initiate an
income assignment in addition to any other fees authorized by law.
The fee shall not be charged or collected for income assignments
requested at the time of the filing of the original petition or
entered at the time of a divorce decree. The person entitled to
support is entitled to collect said fees paid pursuant to this
subsection from the person obligated to pay support through civil
proceedings.
Added by Laws 1970, c. 60, § 1. Amended by Laws 1985, c. 297, § 21,
operative Oct. 1, 1985. Renumbered from Title 12, § 1290 by Laws
D5*$+''&'%'5 +5( 64
1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1995, c. 219,
§ 2, eff. Nov. 1, 1995.
§43-137. Past due payments operate as judgments – Cessation of lien
after period of years – Duration of arrearage payment.
A. Any payment or installment of child support ordered pursuant
to any order, judgment, or decree of the district court or
administrative order of the Department of Human Services is, on and
after the date it becomes past due, a judgment by operation of law.
Judgments for past due support shall:
1. Have the full force and effect of any other judgment of this
state, including the ability to be enforced by any method available
under the laws of this state to enforce and collect money judgments;
and
2. Be entitled to full faith and credit as a judgment in this
state and any other state.
B. A child support judgment shall not become dormant for any
purpose, except that it shall cease to be a lien upon real property
five (5) years from the date it is filed of record with the county
clerk in the county where the property is located, unless the
judgment lien is extended in accordance with subsection C of Section
759 of Title 12 of the Oklahoma Statutes.
1. Except as otherwise provided by court order, a judgment for
past due child support shall be enforceable until paid in full.
2. An order that provides for payment of child support, if
willfully disobeyed, may be enforced by indirect civil contempt
proceedings, notwithstanding that the support payment is a judgment
on and after the date it becomes past due. After the implementation
of the Centralized Support Registry, any amounts determined to be
past due by the Department of Human Services may subsequently be
enforced by indirect civil contempt proceedings.
C. An arrearage payment schedule set by a court or
administrative order shall not exceed three (3) years, unless
imposition of a payment schedule would be unjust, inequitable,
unreasonable, or inappropriate under the circumstances, or not in the
best interests of the child or children involved. When making this
determination, reasonable support obligations of either parent for
other children in the custody of the parent may be considered. If an
arrearage payment schedule that exceeds three (3) years is set,
specific findings of fact supporting the action shall be made.
Added by Laws 1987, c. 230, § 16, eff. Oct. 1, 1987. Renumbered from
Title 12, § 1291 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
Amended by Laws 1993, c. 307, § 4, emerg. eff. June 7, 1993; Laws
1994, c. 356, § 17, eff. Sept. 1, 1994; Laws 1994, c. 366, § 1, eff.
Sept. 1, 1994; Laws 1996, c. 233, § 3, eff. Nov. 1, 1996; Laws 1998,
c. 323, § 12, eff. Oct. 1, 1998; Laws 2000, c. 384, § 7, eff. Nov. 1,
2000.
D5*$+''&'%'5 +5( 67
§43-138. Recording of costs in child support enforcement cases -
Assessment against nonprevailing party.
Costs incurred in a child support enforcement case in which a
party is represented by an office operated by or for the benefit of
the Oklahoma Department of Human Services shall be recorded by the
court clerk. The reasonable costs may be assessed by the court
against the nonprevailing party at the conclusion of the proceedings.
Added by Laws 1994, c. 221, § 2, eff. Sept. 1, 1994.
§43-139. Legal right to child support.
The Legislature finds and declares that child support is a basic
legal right of the state's parents and children, that mothers and
fathers have a legal obligation to provide financial support for
their children and that child support payments can have a substantial
impact on child poverty and state welfare expenditures. It is
therefore the Legislature's intent to encourage payment of child
support to decrease overall costs to the state's taxpayers while
increasing the amount of financial support collected for the state's
children by authorizing the district courts of this state and the
Department of Human Services to order the revocation, suspension,
nonissuance or nonrenewal of an occupational, professional, business
or any recreational license or permit, or permit including, but not
limited to, a hunting and fishing license or other authorization
issued pursuant to the Oklahoma Wildlife Conservation Code, Section
1-101 et seq. of Title 29 of the Oklahoma Statutes, and certificates
of title for vessels and motors and other licenses of registration
issued pursuant to the Oklahoma Vessel and Motor Registration Act,
Section 4001 et seq. of Title 63 of the Oklahoma Statutes, and the
driving privilege of or to order probation for a parent who is in
noncompliance with an order for support for at least ninety (90) days
or failing, after receiving appropriate notice to comply with
subpoenas or warrants relating to paternity or child support
proceedings.
Added by Laws 1995, c. 354, § 1, eff. Nov. 1, 1995. Amended by Laws
1997, c. 402, § 16, eff. July 1, 1997.
§43-139.1. Revocation, suspension, nonissuance, or nonrenewal of
license or placement of obligor on probation as remedy for
noncompliance with support order.
A. As used in this section and Section 6-201.1 of Title 47 of
the Oklahoma Statutes:
1. "Licensing board" means any bureau, department, division,
board, agency or commission of this state or of a municipality in
this state that issues a license;
2. "Noncompliance with an order for support" means that the
obligor has failed to make child support payments required by a child
D5*$+''&'%'5 +5( 68
support order in an amount equal to the child support payable for at
least ninety (90) days or has failed to make full payments pursuant
to a court-ordered payment plan for at least ninety (90) days or has
failed to obtain or maintain health insurance coverage as required by
an order for support for at least ninety (90) days or has failed,
after receiving appropriate notice to comply with subpoenas or orders
relating to paternity or child support proceedings or has failed to
comply with an order to submit to genetic testing to determine
paternity;
3. "Order for support" means any judgment or order for the
support of dependent children or an order to submit to genetic
testing to determine paternity issued by any court of this state or
other state or any judgment or order issued in accordance with an
administrative procedure established by state law that affords
substantial due process and is subject to judicial review;
4. "License" means a license, certificate, registration, permit,
approval or other similar document issued by a licensing board
granting to an individual a right or privilege to engage in a
profession, occupation, or business, or any recreational license or
permit including, but not limited to, a hunting and fishing license
or other authorization issued pursuant to the Oklahoma Wildlife
Conservation Code, certificates of title for vessels and motors and
other licenses or registrations issued pursuant to the Oklahoma
Vessel and Motor Registration Act, or a driver license or other
permit issued pursuant to Title 47 of the Oklahoma Statutes;
5. "Obligor" means the person who is required to make payments
or comply with other provisions of an order for support;
6. "Oklahoma Child Support Services (OCSS)" means the state
agency designated to administer a statewide plan for child support
pursuant to Section 237 of Title 56 of the Oklahoma Statutes;
7. "Person entitled" means:
a. a person to whom a support debt or support obligation
is owed,
b. the OCSS or a public agency of another state that has
the right to receive current or accrued support
payments or that is providing support enforcement
services, or
c. a person designated in a support order or as otherwise
specified by the court; and
8. "Payment plan" includes, but is not limited to, a plan
approved by the court that provides sufficient security to ensure
compliance with a support order and/or that incorporates voluntary or
involuntary income assignment or a similar plan for periodic payment
on an arrearage and, if applicable, current and future support.
B. 1. Except as otherwise provided by this subsection, the
district courts of this state are hereby authorized to order the
revocation, suspension, nonissuance or nonrenewal of a license or the
D5*$+''&'%'5 +5( 6!
placement of the obligor on probation who is in noncompliance with an
order for support.
2. If the obligor is a licensed attorney, the court may report
the matter to the State Bar Association to revoke or suspend the
professional license of the obligor or other appropriate action in
accordance with the rules of professional conduct and disciplinary
proceedings.
3. Pursuant to Section 6-201.1 of Title 47 of the Oklahoma
Statutes, the district or administrative courts of this state are
hereby authorized to order the revocation or suspension of a driver
license of an obligor who is in noncompliance with an order of
support.
4. The remedy under this section is in addition to any other
enforcement remedy available to the court.
C. 1. At any hearing involving the support of a child, if the
district court finds evidence presented at the hearing that an
obligor is in noncompliance with an order for support and the obligor
is licensed by any licensing board, the court, in addition to any
other enforcement action available, may suspend or revoke the license
of the obligor who is in noncompliance with the order of support or
place the obligor on probation pursuant to paragraph 2 of this
subsection.
2. a. To be placed on probation, the obligor shall agree to a
payment plan to:
(1) make all future child support payments as required
by the current order during the period of
probation, and
(2) pay the full amount of the arrearage:
(a) by lump sum by a date certain, if the court
determines the obligor has the ability, or
(b) by making monthly payments in addition to the
monthly child support amount pursuant to
Section 137 of this title.
b. The payments required to be made pursuant to this
section shall continue until the child support
arrearage and interest which was the subject of the
license revocation action have been paid in full.
3. If the obligor is placed on probation, the obligor shall be
allowed to practice or continue to practice the profession,
occupation or business of the obligor, or to operate a motor vehicle.
If the court orders probation, the appropriate licensing board shall
not be notified and no action is required of that board.
4. Probation shall be conditioned upon full compliance with the
order. If the court grants probation, the probationary period shall
not exceed three (3) years.
5. If the obligor is placed on probation, the obligee or OCSS
may request a hearing at any time to review the status of the
D5*$+''&'%'5 +5( 6;
obligor's compliance with the payment plan and to request immediate
suspension or revocation of the obligor's license. The obligor shall
be served with notice of the hearing by regular mail to the obligor's
address of record pursuant to Section 112A of this title.
6. If, by the completion of time allotted for the probationary
period, the obligor has failed to fully comply with the terms of
probation, the licenses of the obligor shall be automatically
suspended or revoked without further hearing. If the licenses of the
obligor are suspended or revoked, the obligor may thereafter apply
for reinstatement in compliance with subsection D or E of this
section.
D. When all support due is paid in full and the obligor has
complied with all other provisions of the order for support, the
obligor, the obligee or OCSS may file a motion with the court for
reinstatement of the obligor's licenses or termination of probation
and the motion shall be set for hearing. If the court finds the
obligor has paid all support due in full and has complied with all
other provisions of the order for support, the court shall reinstate
the obligor's licenses or terminate the probation.
E. 1. An obligor whose licenses have been suspended or revoked
may file a motion with the court for reinstatement of the licenses of
the obligor prior to payment in full of all support due and the
motion shall be set for hearing.
2. The court may reinstate the licenses of the obligor if the
obligor has:
a. paid the current child support and the monthly
arrearage payments each month for the current month and
two (2) months immediately preceding, or paid an amount
equivalent to three (3) months of child support and
arrearage payments which satisfies the current child
support and monthly arrearage payments for the current
month and two (2) months immediately preceding,
b. disclosed all information regarding health insurance
availability and obtained and maintained health
insurance coverage required by an order for support,
c. complied with all subpoenas and orders relating to
paternity or child support proceedings,
d. complied with all orders to submit to genetic testing
to determine paternity, and
e. disclosed all employment and address information.
3. If the court terminates the order of suspension, revocation,
nonissuance or nonrenewal, it shall place the obligor on probation,
conditioned upon compliance with any payment plan and the provisions
of the order for support.
4. If the obligor fails to comply with the terms of probation,
the court may refuse to reinstate the licenses and driving privileges
of the obligor unless the obligor makes additional payments in an
D5*$+''&'%'5 +5( 6"2
amount determined by the court to be sufficient to ensure future
compliance, and the obligor complies with the other terms set by the
court.
F. The obligor shall serve on the custodian or the state a copy
of the motion for reinstatement of the licenses of the obligor and
notice of hearing pursuant to Section 2005 of Title 12 of the
Oklahoma Statutes, or if there is an address of record, by regular
mail to the address of record on file with the central case registry
pursuant to Section 112A of this title. When child support services
are being provided pursuant to Section 237 of Title 56 of the
Oklahoma Statutes, the obligor shall serve a copy of the motion for
reinstatement of the licenses of the obligor on OCSS.
G. If the court orders termination of the order of suspension or
revocation, the obligor shall send a copy of the order reinstating
the licenses of the obligor to the licensing board, the custodian and
OCSS when child support services are being provided pursuant to
Section 237 of Title 56 of the Oklahoma Statutes.
H. Entry of this order does not limit the ability of the court
to issue a new order requiring the licensing board to revoke or
suspend the license of the same obligor in the event of another
delinquency or failure to comply.
I. Upon receipt of a court order to suspend or revoke the
license of an obligor, the licensing board shall comply with the
order by:
1. Determining if the licensing board has issued a license to
the individual whose name appears on the order for support;
2. Notifying the obligor of the suspension or revocation;
3. Demanding surrender of the license, if required;
4. Entering the suspension or revocation of the license on the
appropriate records; and
5. Reporting the suspension or revocation of the license as
appropriate.
J. Upon receipt of a court order to not issue or not renew the
license of an obligor, the licensing board shall implement by:
1. Determining if the licensing board has received an
application for issuance or renewal of a license from the individual
whose name appears on the order of support;
2. Notifying the obligor of the nonissuance or nonrenewal; and
3. Entering the nonissuance or nonrenewal of the license as
appropriate.
K. An order, issued by the court, directing the licensing board
to suspend, revoke, not issue or not renew the license of the obligor
shall be processed and implemented by the licensing board without any
additional review or hearing and shall continue until the court or
appellate court advises the licensing board by order that the
suspension, revocation, nonissuance or nonrenewal is terminated.
D5*$+''&'%'5 +5( 6"
L. The licensing board has no jurisdiction to modify, remand,
reverse, vacate, or stay the order of the court for the suspension,
revocation, nonissuance or nonrenewal of a license.
M. In the event of suspension, revocation, nonissuance or
nonrenewal of a license, any funds paid by the obligor to the
licensing board for costs related to issuance, renewal, or
maintenance of a license shall not be refunded to the obligor.
N. A licensing board may charge the obligor a fee to cover the
administrative costs incurred by the licensing board to administer
the provisions of this section. Fees collected pursuant to this
section by a licensing board which has an agency revolving fund shall
be deposited in the agency revolving fund for the use by the
licensing board to pay the costs of administering this section.
Otherwise, the administrative costs shall be deposited in the General
Revenue Fund of the state.
O. Each licensing board shall promulgate rules necessary for the
implementation and administration of this section.
P. The licensing board is exempt from liability to the obligor
for activities conducted in compliance with Section 139 et seq. of
this title.
Q. The provisions of this section may be used to revoke or
suspend the licenses and driving privileges of the custodian of a
child who fails to comply with an order to submit to genetic testing
to determine paternity.
R. A final order entered pursuant to this section may be
appealed to the Supreme Court of Oklahoma pursuant to Section 990A of
Title 12 of the Oklahoma Statutes.
Added by Laws 1995, c. 354, § 2, eff. Nov. 1, 1995. Amended by Laws
1996, c. 97, § 18, eff. Nov. 1, 1996; Laws 1997, c. 402, § 17, eff.
July 1, 1997; Laws 2004, c. 124, § 1, eff. Nov. 1, 2004; Laws 2009,
c. 446, § 1, eff. Nov. 1, 2009; Laws 2014, c. 38, § 1, eff. Nov. 1,
2014.
§43-140. Problem-solving court program - Participation by obligors
of state child support plan.
A. In cases in which child support services under the state
child support plan as provided in Section 237 of Title 56 of the
Oklahoma Statutes are being provided for the benefit of the child,
the administrative or district court may order the obligor to
participate in the problem-solving court program of the Department of
Human Services. The problem-solving court program is an immediate
and highly structured judicial intervention process for the obligor
and requires completion of a participation agreement by the obligor
and monitoring by the court. A problem-solving court program differs
in practice and design from the traditional adversarial prosecution
and trial systems. The problem-solving court program uses a team
approach administered by the judge in cooperation with a child
D5*$+''&'%'5 +5( 6""
support state’s attorney and a child support court liaison who
focuses on removing the obstacles causing the nonpayment of the
obligor. The obligors in this program shall be required to sign an
agreement to participate in this program. The court liaisons assess
the needs of the obligor, develop a community referral network, make
referrals, monitor the compliance of the obligor in the program, and
provide status reports to the court.
B. Participation in the problem-solving court program shall not
act as a stay of federally mandated automated enforcement remedies.
The child support obligation of the obligor shall not be suspended or
abated during participation in the program.
Added by Laws 2008, c. 407, § 15, eff. Nov. 1, 2008.
§43-150. Deployed Parents Custody and Visitation Act.
Sections 3 through 13 of this act shall be known and may be cited
as the “Deployed Parents Custody and Visitation Act”.
Added by Laws 2011, c. 354, § 3, emerg. eff. May 26, 2011.
§43-150.1. Definitions.
As used in the Deployed Parents Custody and Visitation Act:
1. "Civilian personnel" means direct-hire, permanent civilian
employees of the Department of Defense;
2. "Close and substantial relationship" means a relationship in
which a bond has been forged between the child and the other person
by regular contact or communication;
3. "Custodial responsibility" refers to legal custody, physical
custody or visitation rights with respect to a child;
4. "Deploying parent" means a legal parent of a minor child or
the legal guardian of a child, who is a member of the United States
Armed Forces, civilian personnel or contractor serving in designated
combat zones and who is deployed or has been notified of an impending
deployment;
5. "Deployment" means the temporary transfer of a servicemember,
civilian personnel or contractor serving in designated combat zones
in compliance with official orders to another location in support of
combat, contingency operation, or natural disaster requiring the use
of orders for a period of more than thirty (30) consecutive days,
during which family members are not authorized to accompany the
servicemember at government expense. Deployment shall include any
period during which a servicemember, civilian personnel or contractor
serving in designated combat zones is absent from duty on account of
sickness, wounds, leave or other lawful cause;
6. "Guardian" means a person who has been appointed as a
guardian of a minor or incapacitated adult pursuant to the
requirements of Title 30 of the Oklahoma Statutes. The term shall
include a limited guardian, but shall not include a guardian ad
litem;
D5*$+''&'%'5 +5( 6"
7. "Nondeploying parent" means a legal parent or guardian who is
not deployed and who has a child or ward in common with a deploying
parent;
8. "Servicemember" means a member of either:
a. the active or reserve components of the Army, Navy, Air
Force, Marine Corps, or Coast Guard, or
b. the active or reserve components of the National Guard;
and
9. "Visitation" means the right to take a child for a limited
period of time to a place other than the habitual residence of the
child.
Added by Laws 2011, c. 354, § 4, emerg. eff. May 26, 2011. Amended
by Laws 2017, c. 29, § 1, eff. Nov. 1, 2017.
§43-150.2. Custodial responsibility – Jurisdiction - Residency.
A court of this state may enter an order regarding custodial
responsibility pursuant to the Deployed Parents Custody and
Visitation Act only where the court has jurisdiction pursuant to the
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA),
Sections 551-101 through 551-402 of Title 43 of the Oklahoma
Statutes. If a court of this state has rendered a temporary order
regarding custodial responsibility pursuant to the Deployed Parents
Custody and Visitation Act, the deploying parent shall be deemed to
reside in this state for the purposes of the UCCJEA during the
duration of the deployment. If a court of another state has rendered
a temporary order regarding custodial responsibility pursuant to
deployment, this court shall deem the deploying parent to reside in
the rendering state for the purposes of the UCCJEA during the
duration of the deployment. This section does not prohibit the
exercise of temporary emergency jurisdiction by a court of this state
under the UCCJEA.
Added by Laws 2011, c. 354, § 5, emerg. eff. May 26, 2011.
§43-150.3. Deployed parent - Exercise of visiting rights by third
party.
A. In order to ensure an ongoing relationship with the child
while deployed, pursuant to the Deployed Parents Custody and
Visitation Act, upon application to the court by the deploying
parent, the court shall designate a family member or another person
with a close and substantial relationship to the child to exercise
his or her visitation rights, unless the court determines it is not
in the best interests of the child.
B. Visitation awarded pursuant to this section derives from the
deploying parent’s own right to custodial responsibility. Neither
this section nor a court order permitting designation shall be deemed
to create any separate or permanent rights to visitation.
Added by Laws 2011, c. 354, § 6, emerg. eff. May 26, 2011.
D5*$+''&'%'5 +5( 6"
§43-150.4. Deployment orders - Copy to nondeploying parent.
A. A deploying parent shall provide a copy of the deployment
orders to the other parent within ten (10) days of receipt. When the
deployment date is less than ten (10) days after receipt of the
orders, a copy shall immediately be provided to the other parent.
B. If a valid court order requires that the address or contact
information of the nondeploying parent be kept confidential, the
notification shall be made to the court only. The court shall notify
the nondeploying parent, or counsel for the nondeploying parent, if
the deploying parent is prohibited from directly contacting the
nondeploying parent.
Added by Laws 2011, c. 354, § 7, emerg. eff. May 26, 2011.
§43-150.5. Expedited hearing.
Following a deploying parent’s receiving notice of deployment,
either a deploying parent or nondeploying parent may request an
expedited hearing to be heard within ten (10) days or prior to
deployment, whichever occurs first, on any matter pertaining to
custodial or visitation responsibility. The application shall
include the date on which the deployment began or begins. If the
date of deployment is uncertain, the approximate date shall be
included. The court shall grant a request for an expedited hearing
if the deploying parent’s ability, or anticipated ability, to appear
in person at a regularly scheduled hearing would be prevented by the
deployment or preparation for the deployment. If the deployed or
deploying parent is seeking the right to designate a family member to
determine visitation, then the name of the family member or another
person with a close and substantial relationship to the child shall
be stated in the application.
Added by Laws 2011, c. 354, § 8, emerg. eff. May 26, 2011.
§43-150.6. Temporary custody orders - Deploying parent privilege.
A. Upon proper motion made pursuant to Section 8 of this act,
the court shall enter temporary orders regarding custody, visitation
and child support.
B. A deploying parent who is entitled to a stay in civil
proceedings pursuant to the Servicemembers Civil Relief Act, 50
U.S.C. App., Sections 501 through 596, may elect to proceed while the
deploying parent is unavailable to appear in the geographical
location in which the litigation is pursued and may seek relief and
provide evidence through video conferencing, Internet camera, e-mail,
telephone, or other reasonable electronic means.
C. Except for the privilege offered to the deployed
servicemember in subsection B of this section, the court shall factor
the same consideration and conduct the temporary order hearing as
provided in Section 112 of Title 43 of the Oklahoma Statutes.
D5*$+''&'%'5 +5( 6"4
Hearings conducted pursuant to this section shall be considered
nonevidentiary hearings and the standard rules of evidence shall not
apply.
D. 1. If a prior judicial custody or visitation order contains
provisions for custodial responsibility of the child in the event of
deployment, those provisions shall not be modified by the court
unless:
a. a subsequent substantial change of circumstances has
occurred after the prior judicial custody or visitation
order was issued, or
b. a showing that enforcement of the provisions of the
prior judicial custody or visitation order would result
in substantial harm to the child.
2. If the deploying parent and the nondeploying parent have
previously agreed in writing to provisions for the custodial
responsibility of the child in the event of deployment, there shall
be a rebuttable presumption that the agreement is in the best
interest of the child. The presumption may be overcome only if the
court makes specific findings of fact establishing that the agreement
is not in the best interest of the child.
E. When entering a temporary order for custodial responsibility
prior to or during a deployment, the court shall:
1. Identify the nature of the deployment that is the basis for
the order;
2. Specify that the order is temporary;
3. Specify the contact between the deploying parent and the
child during deployment, including the means by which the deploying
parent may remain in communication with the child, such as electronic
communication by Internet camera, telephone, e-mail and other
available means; and
4. Order liberal contact between the deploying parent and child
when the deploying parent is on leave or is otherwise available,
consistent with the best interest of the child.
F. In an order granting designation of a family member or
another person with a close and substantial relationship to the child
to exercise visitation rights pursuant to Section 11 of this act, the
court shall:
1. Set out a process to resolve any disputes that may arise
between the person receiving visitation and the nondeploying parent;
2. Identify the nature of the deployment that is the basis for
the order; and
3. Specify that the order is a temporary order and shall
terminate ten (10) days after notice has been provided to the
nondeploying parent of the end of the deployment.
G. If the matter before the court concerns a postdissolution
modification of custody or visitation, the court shall not modify the
previously ordered custody or visitation arrangement until the
D5*$+''&'%'5 +5( 6"7
expiration of the servicemember’s deployment, unless the child is at
risk of serious irreparable harm.
H. If the court has rendered a temporary order regarding
custodial responsibility pursuant to the Deployed Parents Custody and
Visitation Act, any nondeploying parent or any third party to whom
the court has assigned primary custodial responsibility, visitation
or limited contact shall notify the court of any change of address
until the termination of the temporary order.
Added by Laws 2011, c. 354, § 9, emerg. eff. May 26, 2011.
§43-150.7. Permissible court orders.
A. A court that renders an order on custodial responsibility
under the Deployed Parents Custody and Visitation Act may, on motion
of either party and with appropriate jurisdiction under the Uniform
Interstate Family Support Act ("UIFSA"):
1. Enter a temporary order for child support consistent with
Oklahoma Child Support Guidelines; and
2. Require the deploying parent to enroll the child to receive
military dependent benefits.
B. Any order entered on child support pursuant to this section
shall state that such order shall terminate following the child’s
return to the deploying parent upon conclusion of deployment.
Added by Laws 2011, c. 354, § 10, emerg. eff. May 26, 2011.
§43-150.8. Court-ordered visitation - Appearance at hearing -
Rebuttable presumptions.
A. If the deploying parent moves to designate a family member or
another person with a close and substantial relationship with the
child to exercise visitation rights, the court shall grant reasonable
visitation to a member of the family of the child, including a
stepparent or step sibling, with whom the child has a close and
substantial relationship as defined in the Deployed Parents Custody
and Visitation Act.
B. Any visitation ordered by the court pursuant to this section
shall be temporary in nature and shall not exceed or be less than the
amount of custodial time granted to the deploying parent under any
existing permanent order or agreement between the parents, with the
exception that the court may take into account unusual travel time
required to transport the child between the nondeploying parent and
the family members allowed visitation.
C. The person designated by the deploying parent to exercise
visitation shall appear at the temporary order hearing.
D. Rebuttable presumptions for proceedings under the Deployed
Parents Custody and Visitation Act:
1. In postdissolution proceedings, there shall be a rebuttable
presumption that it is in the best interests of the child for a
stepparent to exercise the deployed parent’s parental duties;
D5*$+''&'%'5 +5( 6"8
2. There shall be a rebuttable presumption that if the person
designated by the deployed or deploying party meets the requirements
of subsection A of this section, then it shall be in the best
interest of the child that the person receive visitation; and
3. There shall be a rebuttable presumption that visitation by a
family member who has perpetrated domestic violence against a spouse,
a child, a domestic living partner, or is otherwise subject to
registration requirements of the Sex Offenders Registration Act is
not in the best interest of the child.
E. Any temporary order issued under the Deployed Parents Custody
and Visitation Act shall be enforced as any other orders relating to
the care, custody and control of the child.
Added by Laws 2011, c. 354, § 11, emerg. eff. May 26, 2011.
§43-150.9. Notification of completion of deployment.
A. The deploying parent shall notify the nondeploying parent of
the completion of the deployment. If the deploying parent is unable
to locate the nondeploying parent, the deploying parent shall notify
the court of the return.
B. A temporary modification order granted in accordance with the
Deployed Parents Custody and Visitation Act shall terminate by
operation of law ten (10) days after notice has been provided to the
nondeploying parent of the completion of deployment and the original
terms of the prior custody or visitation order shall be automatically
reinstated.
Added by Laws 2011, c. 354, § 12, emerg. eff. May 26, 2011.
§43-150.10. Bad faith - Penalties.
If the court finds that a party to a proceeding under the
Deployed Parents Custody and Visitation Act has acted in bad faith or
otherwise deliberately failed to comply with the terms of the
Deployed Parents Custody and Visitation Act or a court order issued
under the Deployed Parents Custody and Visitation Act, the court may
assess attorney fees and costs against the opposing party and order
any other appropriate sanctions.
Added by Laws 2011, c. 354, § 13, emerg. eff. May 26, 2011.
§43-201. Mutual obligations.
Husband and wife contract towards each other obligations of
mutual respect, fidelity and support.
R.L.1910, § 3349. Renumbered from Title 32, § 1 by Laws 1989, c. 333,
§ 2, eff. Nov. 1, 1989.
§43-202. Duty to support.
The husband must support himself and his wife out of the
community property or out of his separate property or by his labor.
The wife must support the husband when he has not deserted her out of
D5*$+''&'%'5 +5( 6"!
the community property or out of her separate property when he has no
community or separate property and he is unable from infirmity to
support himself.
R.L.1910, § 3351; Laws 1945, p. 121, § 1. Renumbered from Title 32, §
3 by Laws 1989, c. 333, § 2, eff. Nov. 1, 1989.
§43-203. Separate property.
Except as mentioned in the preceding section neither husband nor
wife has any interest in the separate property of the other, but
neither can be excluded from the other's dwelling.
R.L.1910, § 3352. Renumbered from Title 32, § 4 by Laws 1989, c. 333,
§ 2, eff. Nov. 1, 1989.
§43-204. Contracts.
Either husband or wife may enter into any engagement or
transaction with the other, or with any other person, respecting
property, which either might, if unmarried, subject, in transactions
between themselves, to the general rules which control the actions of
persons occupying confidential relations with each other as defined
by the title on trusts.
R.L.1910, § 3353. Renumbered from Title 32, § 5 by Laws 1989, c. 333,
§ 2, eff. Nov. 1, 1989.
§43-205. Relations cannot be altered by contract - Separation
agreements.
A husband and wife cannot, by any contract with each other, alter
their legal relations, except as to property, and except that they
may agree in writing to an immediate separation, and may make
provision for the support of either of them and of their children
during such separation.
R.L.1910, § 3354. Renumbered from Title 32, § 6 by Laws 1989, c. 333,
§ 2, eff. Nov. 1, 1989.
§43-206. Mutual consent as consideration for separation agreement.
The mutual consent of the parties is a sufficient consideration
for such an agreement as is mentioned in the last section.
R.L.1910, § 3555.
§43-207. Manner of holding property - Inventory of separate
property.
A husband and wife may hold property as joint tenants, tenants in
common, or as community property.
A full and complete inventory of the separate personal property
of either spouse may be made out and signed by such spouse,
acknowledged or proved in the manner provided by law for the
acknowledgment or proof of a grant of real property; and recorded in
the office of the county clerk of the county in which the parties
D5*$+''&'%'5 +5( 6";
reside. The filing of the inventory in the county clerk's office is
notice and prima facie evidence of the title of the party filing such
inventory.
R.L.1910, § 3356; Laws 1945, p. 121, § 2. Renumbered from Title 32, §
8 by Laws 1989, c. 333, § 2, eff. Nov. 1, 1989.
§43-208. Liability for acts and debts of spouse - Curtesy and dower
abolished.
A. Neither husband nor wife, as such, is answerable for the acts
of the other.
B. The separate property of the husband is liable for the debts
of the husband contracted before or after marriage, but is not liable
for the debts of the wife contracted before the marriage.
C. The separate property of the wife is liable for the debts of
the wife contracted before or after marriage, but is not liable for
the debts of the husband contracted before the marriage.
D. No estate is allowed the husband as tenant by curtesy, upon
the death of his wife, nor is any estate in dower allotted to the
wife upon the death of her husband.
R.L.1910, § 3357. Amended by Laws 1945, p. 122, § 3. Renumbered
from Title 32, § 9 by Laws 1989, c. 333, § 2, eff. Nov. 1, 1989.
Amended by Laws 2000, c. 380, § 6, eff. Nov. 1, 2000.
§43-209. Repealed by Laws 2000, c. 380, § 8, eff. Nov. 1, 2000.
§43-209.1. Joint and several liability of husband and wife.
Husband and wife shall be jointly and severally liable for debts
incurred on account of necessaries furnished to either spouse unless
otherwise provided by law or court order.
Added by Laws 2000, c. 380, § 7, eff. Nov. 1, 2000.
§43-209.2. Parent's liability for value of child's necessaries.
If a parent neglects to provide articles necessary for his child
who is under his charge, according to his circumstances, a third
person may in good faith supply such necessaries and recover the
reasonable value thereof from the parent.
R.L.1910, § 4376. Renumbered from § 13 of Title 10 by Laws 2009, c.
233, § 199, emerg. eff. May 21, 2009.
§43-210. Liability on abandonment or separation by agreement.
A husband abandoned by his wife is not liable for her support
until she offers to return, unless she was justified by his
misconduct, in abandoning him; nor is he liable for her support when
she is living separate from him, by agreement, unless such support is
stipulated in the agreement.
R.L.1910, § 3359. Renumbered from Title 32, § 11 by Laws 1989, c.
333, § 2, eff. Nov. 1, 1989.
D5*$+''&'%'5 +5( 62
§43-211. Management, sale or encumbrance of property of one by the
other, when.
In case the husband or wife abandons the other and removes from
the state, and is absent therefrom for one (1) year, without
providing for the maintenance and support of his or her family, or is
sentenced to imprisonment either in the county jail or State
Penitentiary for the period of one (1) year or more, the district
court of the county or judicial subdivision where the husband or wife
so abandoned or not imprisoned resides, may, on application by
affidavit of such husband or wife, setting forth fully the facts,
supported by such other testimony as the court may deem necessary,
authorize him or her to manage, control, sell or encumber the
property of the said husband or wife for the support and maintenance
of the family, and for the purpose of paying debts contracted prior
to such abandonment or imprisonment. Notice of such proceedings
shall be given the opposite party, and shall be served as summons are
served in ordinary actions.
R.L.1910, § 3360. Renumbered from Title 32, § 12 by Laws 1989, c.
333, § 2, eff. Nov. 1, 1989.
§43-212. Contracts binding on both - Liability for acts - Suits and
proceedings.
All contracts, sales or encumbrances made by either husband or
wife by virtue of the power contemplated and granted by order of the
court as provided in the preceding section, shall be binding on both,
and during such absence or imprisonment the person acting under such
power may sue and be sued thereon, and for all acts done the property
of both shall be liable, and execution may be levied or attachment
issued thereon according to statute. No suit or proceedings shall
abate or be in any wise affected by the return or release of the
person confined, but he or she may be permitted to prosecute or
defend jointly with the other.
R.L.1910, § 3361. Renumbered from Title 32, § 13 by Laws 1989, c.
333, § 2, eff. Nov. 1, 1989.
§43-213. Order set aside, when.
The husband or wife affected by the proceedings contemplated in
the two preceding sections, may have the order or decree of the court
set aside or annulled by affidavit of such party, setting forth fully
the facts and supported by such other testimony as the court shall
deem proper. Notice of such proceedings to set aside and annul such
order must be given the person in whose favor the same was granted,
and shall be served as summons are served in ordinary actions. The
setting aside of such decree or order shall in no wise affect any act
done thereunder.
D5*$+''&'%'5 +5( 6
R.L.1910, § 3362. Renumbered from Title 32, § 14 by Laws 1989, c.
333, § 2, eff. Nov. 1, 1989.
§43-214. Rights of married women.
Woman shall retain the same legal existence and legal personality
after marriage as before marriage, and shall receive the same
protection of all her rights as a woman, which her husband does as a
man; and for any injury sustained to her reputation, person,
property, character or any natural right, her own medical expenses,
and by reason of loss of consortium, she shall have the same right to
appeal in her own name alone to the courts of law or equity for
redress and protection that her husband has to appeal in his own name
alone.
R.L.1910, § 3363; Laws 1973, c. 73, § 1, emerg. eff. April 27, 1973.
Renumbered from Title 32, § 15 by Laws 1989, c. 333, § 2, eff. Nov.
1, 1989.
§43-215. Agreement respecting rights acquired under community
property law - Recording - Limitation barring action to recover
interest.
Within one (1) year from the effective date of this act, any
husband and wife whose property or income was subject to the terms of
the act repealed by the foregoing section, may enter into a
recordable agreement, specifying the rights acquired by either or
each of them under the terms of said act, altering those rights if
they so desire, and describing the property affected, and may record
the agreement in the office of the county clerk of their residence
and in the office of the county clerk of each county where any of the
affected property may be located. Should any husband and wife be
unable to reach such an agreement, either may file an action in the
district court of the county of the residence of either of them for a
determination of the rights as acquired under the repealed act, and a
certified copy of the judgment may thereupon be recorded in each
county in which any of the affected property is located. The failure
to make and record such an agreement, or to file such an action
within one (1) year and record the judgment in due course thereafter,
and in any event within three (3) years from the effective date of
this act, shall bar the husband or wife whose title or interest does
not appear of record, or who is not separately in possession of the
property, from any claim or interest in the property as against third
persons acquiring any interest therein. After three (3) years from
the effective date of this act, no action or proceeding of any
character shall be brought to establish or recover an interest in
property based upon the terms of the act repealed, unless the
interest has previously been established of record, as hereinabove
provided.
D5*$+''&'%'5 +5( 6"
Laws 1949, p. 229, § 2. Renumbered from Title 32, § 83 by Laws 1989,
c. 333, § 2. eff. Nov. 1, 1989.
§43-301. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-302. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-303. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-304. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-305. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-306. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-307. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-308. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-309. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-310. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-311. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-312. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-313. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-314. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-315. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-316. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-317. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-318. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-319. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-320. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-321. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-322. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
D5*$+''&'%'5 +5( 6
§43-323. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-324. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-325. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-326. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-327. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-328. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-329. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-330. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-331. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-332. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-333. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-334. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-335. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-336. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-337. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-338. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-339. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-340. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-341. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-342. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-343. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-344. Repealed by Laws 1994, c. 160, § 52, eff. Sept. 1, 1994.
§43-401. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.
§43-402. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.
D5*$+''&'%'5 +5( 6
§43-410. Short title.
This act shall be known as the "Oklahoma Centralized Support
Registry Act".
Added by Laws 1992, c. 279, § 1, emerg. eff. May 25, 1992.
§43-411. Repealed by Laws 1995, c. 246, § 6, eff. Nov. 1, 1995.
§43-412. Repealed by Laws 1995, c. 246, § 6, eff. Nov. 1, 1995.
§43-413. Payment of support through registry.
A. The Department of Human Services shall maintain a Centralized
Support Registry to receive, allocate and distribute support
payments. All child support, spousal support, and related support
payments shall be paid through the Registry as follows:
1. In all cases in which child support services are being
provided under the state child support plan as provided under Section
237 of Title 56 of the Oklahoma Statutes; and
2. In all other cases in which support is being paid by income
withholding.
B. When child support enforcement services are being provided
under Section 237 of Title 56 of the Oklahoma Statutes, all monies
owed for child support shall continue to be paid through the Registry
until child support is no longer owed.
C. Any party desiring child support, spousal support, or related
support payments to be paid through the Registry may request the
court to order the payments to be made through the Registry. Upon
such request the court shall order payments to be made through the
Registry.
D. The Registry shall maintain the following information on all
cases in which support is paid through the Registry. This
information shall include, but not be limited to:
1. Names, social security numbers and dates of birth for both
parents and the children for whom support is ordered;
2. The amount of periodic support owed under the order;
3. Case identification numbers; and
4. Payment address.
E. In all cases, except those being enforced under the state
child support plan as provided under Section 237 of Title 56 of the
Oklahoma Statutes, employers shall provide the Registry with a copy
of the notice of income assignment specified in Section 1171.3 of
Title 12 and Section 240.2 of Title 56 of the Oklahoma Statutes.
Employers, parties, and obligees to an order, upon request, shall
provide additional information necessary for the Registry to identify
and properly allocate and distribute payments.
F. An obligee, pursuant to a judgment, decree, or order in which
payment of support is required by this section to be paid through the
D5*$+''&'%'5 +5( 64
Registry or whose support is being paid through the Registry, shall
provide information as directed by the Department of Human Services
necessary to properly allocate and distribute the payments.
G. All payments made through the Registry shall be allocated and
distributed in accordance with Department of Human Services’ policy
and federal regulations.
H. The Department of Human Services shall promulgate rules as
necessary to implement the provisions of this section.
Added by Laws 1992, c. 279, § 4, emerg. eff. May 25, 1992. Amended
by Laws 1997, c. 402, § 18, eff. July 1, 1997; Laws 1998, c. 323, §
13, eff. Oct. 1, 1998; Laws 2000, c. 384, § 8, eff. Nov. 1, 2000;
Laws 2001, c. 407, § 15, eff. July 1, 2001; Laws 2002, c. 314, § 5,
eff. Nov. 1, 2002.
§43-420. Short title.
This act shall be known as the "Oklahoma Child Visitation
Registry Act".
Added by Laws 1996, c. 131, § 1, eff. Jan. 1, 1997.
§43-421. Authorization of public or private agencies to provide
registry - Maximum fee.
The associate district judge in each county within this state may
authorize one or more public or private agencies to provide a child
visitation registry program. Eligible governmental agencies shall
include, but not be limited to, county sheriffs' offices, State
Department of Health child guidance centers, social service agencies,
and police departments. A participating agency may charge a fee not
to exceed Two Dollars ($2.00) per parent, per visit.
Added by Laws 1996, c. 131, § 2, eff. Jan. 1, 1997.
§43-422. Participant logs.
A. The child visitation registry program shall include a log for
each case participating in the program which must be signed by each
parent at the time of arrival and departure. The agency must have an
employee assigned to verify identification of each parent or
guardian, initial each signature, and record the time of each
person's arrival and departure.
B. Copies of a participant's log shall be available for purchase
by the participant at the agency's reproduction cost. Copies of the
records may be certified by stamp. Each agency shall maintain
participants' records for a minimum of three (3) years.
C. Entries in child visitation registry records shall be
rebuttable presumptive proof of compliance or noncompliance with
court-ordered visitation.
Added by Laws 1996, c. 131, § 3, eff. Jan. 1, 1997.
§43-423. Court order for participation in registry program.
D5*$+''&'%'5 +5( 67
The court may order parents to participate in the child
visitation registry program either before or after divorce or custody
proceedings have become final. The court may order parents to
participate in the program on its own motion or upon the motion of
either parent.
Added by Laws 1996, c. 131, § 4, eff. Jan. 1, 1997.
§43-424. Forms for petition and court order - Modification of
visitation rights.
A. The Office of the Court Administrator shall develop:
1. A form for use in petitioning the court for inclusion in the
child visitation registry which shall be distributed to all court
clerk offices; and
2. A form for the court's order requiring participation in the
registry. This form shall provide for the following:
a. a requirement that a copy of the order be given to each
parent, the child visitation registry agency, and court
file,
b. a determination of who is authorized to pick up or
deliver a child to the child visitation registry
agency. The list may include, but is not limited to,
parents, stepparents, and grandparents,
c. a determination of when the participants shall meet to
pick up or deliver a child to the child visitation
registry agency. This decision shall include specific
days of the week and time periods,
d. the date when participation in the program shall begin
or end, and
e. a requirement that the participant delivering the child
to the registry must wait at the agency and sign out
after the participant picking up the child has departed
from the agency.
B. If a parent, or other person with custody, is habitually late
to pick up or deliver the child or children, the court may, upon
proper notice, consider reducing or canceling visitation temporarily
or permanently.
Added by Laws 1996, c. 131, § 5, eff. Jan. 1, 1997.
§43-425. Court to hear applications for participation in registry
within certain time.
The court shall hear applications for inclusion in the child
visitation registry within thirty (30) days after service upon the
nonapplicant.
Added by Laws 1996, c. 131, § 6, eff. Jan. 1, 1997.
§43-501. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
D5*$+''&'%'5 +5( 68
§43-502. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-503. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-504. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-505. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-506. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-507. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-508. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-509. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-510. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-511. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-512. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-513. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-514. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-515. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-516. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-517. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-518. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-519. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-520. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-521. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-522. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-523. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-524. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-525. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
D5*$+''&'%'5 +5( 6!
§43-526. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-527. Repealed by Laws 1998, c. 407, § 43, eff. Nov. 1, 1998.
§43-551-101. Short title.
SHORT TITLE
This act may be cited as the "Uniform Child Custody Jurisdiction
and Enforcement Act".
Added by Laws 1998, c. 407, § 1, eff. Nov. 1, 1998.
§43-551-102. Definitions.
DEFINITIONS
In this act:
1. "Abandoned" means left without provision for reasonable and
necessary care or supervision;
2. "Child" means an individual who has not attained eighteen
(18) years of age;
3. "Child custody determination" means a judgment, decree, or
other order of a court providing for the legal custody, physical
custody, or visitation with respect to a child. The term includes a
permanent, temporary, initial, and modification order. The term does
not include an order relating to child support or other monetary
obligation of an individual;
4. "Child custody proceeding" means a proceeding in which legal
custody, physical custody, or visitation with respect to a child is
an issue. The term includes a proceeding for divorce, separation,
neglect, abuse, dependency, guardianship, paternity, termination of
parental rights, and protection from domestic violence, in which the
issue may appear. The term does not include a proceeding involving
juvenile delinquency, contractual emancipation, or enforcement under
Article 3 of this act;
5. "Commencement" means the filing of the first pleading in a
proceeding;
6. "Court" means an entity authorized under the law of a state
to establish, enforce, or modify a child custody determination;
7. "Home state" means the state in which a child lived with a
parent or a person acting as a parent for at least six (6)
consecutive months immediately before the commencement of a child
custody proceeding. In the case of a child less than six (6) months
of age, the term means the state in which the child lived from birth
with the parent or person acting as a parent. A period of temporary
absence of the parent or person acting as a parent is part of the
period;
8. "Initial determination" means the first child custody
determination concerning a particular child;
D5*$+''&'%'5 +5( 6;
9. "Issuing court" means the court that makes a child custody
determination for which enforcement is sought under this act;
10. "Issuing state" means the state in which a child custody
determination is made;
11. "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a previous
determination concerning the same child, whether or not it is made by
the court that made the previous determination;
12. "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, government, including any governmental subdivision,
agency, instrumentality, or public corporation, or any other legal or
commercial entity;
13. "Person acting as a parent" means a person, other than a
parent, who:
a. has physical custody of the child or has had physical
custody for a period of six (6) consecutive months,
including any temporary absence, within one (1) year
immediately before the commencement of a child custody
proceeding, and
b. has been awarded legal custody by a court or claims a
right to legal custody under the law of this state;
14. "Physical custody" means the physical care and supervision
of a child;
15. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States;
16. "Tribe" means an Indian tribe or band, or Alaskan Native
village, which is recognized by federal law or formally acknowledged
by a state; and
17. "Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.
Added by Laws 1998, c. 407, § 2, eff. Nov. 1, 1998.
§43-551-103. Proceedings governed by other law.
PROCEEDINGS GOVERNED BY OTHER LAW
This act does not apply to an adoption proceeding or a proceeding
pertaining to the authorization of emergency medical care for a
child.
Added by Laws 1998, c. 407, § 3, eff. Nov. 1, 1998.
§43-551-104. Application to Indian tribes.
APPLICATION TO INDIAN TRIBES.
A. A child custody proceeding that pertains to an Indian child
as defined in the Oklahoma Indian Child Welfare Act, is not subject
D5*$+''&'%'5 +5( 62
to this act to the extent that it is governed by the Oklahoma Indian
Child Welfare Act.
B. A court of this state shall treat a tribe as if it were a
state of the United States for purposes of applying Articles 1 and 2
of this act.
C. A child custody determination made by a tribe under factual
circumstances in substantial conformity with the jurisdictional
standards of this act must be recognized and enforced under Article 3
of this act.
Added by Laws 1998, c. 407, § 4, eff. Nov. 1, 1998.
§43-551-105. International application of act.
INTERNATIONAL APPLICATION OF ACT
A. A court of this state shall treat a foreign country as if it
were a state of the United States for purposes of applying Articles 1
and 2 of this act.
B. Except as otherwise provided in subsection C of this section,
a child custody determination made in a foreign country under factual
circumstances in substantial conformity with the jurisdictional
standards of this act must be recognized and enforced under Article 3
of this act.
C. A court of this state need not apply this act if the child
custody law of a foreign country violates fundamental principles of
human rights.
Added by Laws 1998, c. 407, § 5, eff. Nov. 1, 1998.
§43-551-106. Effect of child custody determination.
EFFECT OF CHILD CUSTODY DETERMINATION
A child custody determination made by a court of this state that
had jurisdiction under this act binds all persons who have been
served in accordance with the laws of this state or notified in
accordance with Section 8 of this act or who have submitted to the
jurisdiction of the court, and who have been given an opportunity to
be heard. As to those persons the determination is conclusive as to
all decided issues of law and fact except to the extent the
determination is modified.
Added by Laws 1998, c. 407, § 6, eff. Nov. 1, 1998.
§43-551-107. Priority.
PRIORITY
If a question of existence or exercise of jurisdiction under this
act is raised in a child custody proceeding, the question, upon
request of a party, must be given priority on the court's calendar
and handled expeditiously.
Added by Laws 1998, c. 407, § 7, eff. Nov. 1, 1998.
§43-551-108. Notice to persons outside state.
D5*$+''&'%'5 +5( 6
NOTICE TO PERSONS OUTSIDE STATE
A. Notice required for the exercise of jurisdiction when a
person is outside this state may be given in the manner provided in
Section 2004 of Title 12 of the Oklahoma Statutes or by the law of
the state in which the service is made. Notice must be given in a
manner reasonably calculated to give actual notice but may be by
publication if other means are not effective.
B. Proof of service may be made in the manner provided in
Section 2004 of Title 12 of the Oklahoma Statutes or by the law of
the state in which the service is made.
C. Notice is not required for the exercise of jurisdiction with
respect to a person who submits to the jurisdiction of the court.
Added by Laws 1998, c. 407, § 8, eff. Nov. 1, 1998.
§43-551-109. Appearance and limited immunity.
APPEARANCE AND LIMITED IMMUNITY
A. A party to a child custody proceeding, including a
modification proceeding, or a petitioner or respondent in a
proceeding to enforce or register a child custody determination is
not subject to personal jurisdiction in this state for another
proceeding or purpose solely by reason of having participated, or
having been physically present for the purpose of participating, in
the proceeding.
B. A person who is subject to personal jurisdiction in this
state on a basis other than physical presence is not immune from
service of process in this state. A party present in this state who
is subject to the jurisdiction of another state is not immune from
service of process allowable under the laws of that state.
C. The immunity granted by subsection A of this section does not
extend to civil litigation based on acts unrelated to the
participation in a proceeding under this act committed by an
individual while present in this state.
Added by Laws 1998, c. 407, § 9, eff. Nov. 1, 1998.
§43-551-110. Communication between courts.
COMMUNICATION BETWEEN COURTS
A. A court of this state may communicate with a court in another
state concerning a proceeding arising under this act.
B. The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, they must be given the opportunity to present facts
and legal arguments before a decision on jurisdiction is made.
C. Communication between courts on schedules, calendars, court
records, and similar matters may occur without informing the parties.
A record need not be made of the communication.
D. Except as otherwise provided in subsection C of this section,
a record must be made of a communication under this section. The
D5*$+''&'%'5 +5( 6"
parties must be informed promptly of the communication and granted
access to the record.
E. For the purposes of this section, "record" means information
that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
Added by Laws 1998, c. 407, § 10, eff. Nov. 1, 1998.
§43-551-111. Taking testimony in another state.
TAKING TESTIMONY IN ANOTHER STATE
A. In addition to other procedures available to a party, a party
to a child custody proceeding may offer testimony of witnesses who
are located in another state, including testimony of the parties and
the child, by deposition or other means allowable in this state for
testimony taken in another state. The court on its own motion may
order that the testimony of a person be taken in another state and
may prescribe the manner in which and the terms upon which the
testimony is to be taken.
B. A court of this state may permit an individual residing in
another state to be deposed or to testify by telephone, audiovisual,
or other electronic means before a designated court or at another
location in that state. A court of this state shall cooperate with
courts of other states in designating an appropriate location for the
deposition or testimony.
C. Documentary evidence transmitted from another state to a
court of this state by technological means that do not produce an
original writing may not be excluded from evidence on an objection
based on the means of transmission.
Added by Laws 1998, c. 407, § 11, eff. Nov. 1, 1998.
§43-551-112. Cooperation between courts; preservation of records.
COOPERATION BETWEEN COURTS; PRESERVATION OF RECORDS
A. A court of this state may request the appropriate court of
another state to:
1. Hold an evidentiary hearing;
2. Order a person to produce or give evidence pursuant to
procedures of that state;
3. Order that an evaluation be made with respect to the custody
of a child involved in a pending proceeding;
4. Forward to the court of this state a certified copy of the
transcript of the record of the hearing, the evidence otherwise
presented, and any evaluation prepared in compliance with the
request; and
5. Order a party to a child custody proceeding or any person
having physical custody of the child to appear in the proceeding with
or without the child.
D5*$+''&'%'5 +5( 6
B. Upon request of a court of another state, a court of this
state may hold a hearing or enter an order described in subsection A
of this section.
C. Travel and other necessary and reasonable expenses incurred
under subsections A and B of this section may be assessed against the
parties according to the laws of this state.
D. A court of this state shall preserve the pleadings, orders,
decrees, records of hearings, evaluations, and other pertinent
records with respect to a child custody proceeding until the child
attains eighteen (18) years of age. Upon appropriate request by a
court or law enforcement official of another state, the court shall
forward a certified copy of those records.
Added by Laws 1998, c. 407, § 12, eff. Nov. 1, 1998.
§43-551-201. Initial child custody jurisdiction.
INITIAL CHILD CUSTODY JURISDICTION
A. Except as otherwise provided in Section 16 of this act, a
court of this state has jurisdiction to make an initial child custody
determination only if:
1. This state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child
within six (6) months before the commencement of the proceeding and
the child is absent from this state, but a parent or person acting as
a parent continues to live in this state;
2. A court of another state does not have jurisdiction under
paragraph 1 of this subsection, or a court of the home state of the
child has declined to exercise jurisdiction on the ground that this
state is the more appropriate forum under Section 19 or 20 of this
act, and:
a. the child and the child's parents, or the child and at
least one parent or a person acting as a parent, have a
significant connection with this state other than mere
physical presence, and
b. substantial evidence is available in this state
concerning the child's care, protection, training, and
personal relationships;
3. All courts having jurisdiction under paragraph 1 or 2 of this
subsection have declined to exercise jurisdiction on the ground that
a court of this state is the more appropriate forum to determine the
custody of the child under Section 19 or 20 of this act; or
4. No court of any other state would have jurisdiction under the
criteria specified in paragraph 1, 2, or 3 of this subsection.
B. Subsection A of this section is the exclusive jurisdictional
basis for making a child custody determination by a court of this
state.
D5*$+''&'%'5 +5( 6
C. Physical presence of, or personal jurisdiction over, a party
or a child is not necessary or sufficient to make a child custody
determination.
Added by Laws 1998, c. 407, § 13, eff. Nov. 1, 1998.
§43-551-202. Exclusive, continuing jurisdiction.
EXCLUSIVE, CONTINUING JURISDICTION
A. Except as otherwise provided in Section 16 of this act, a
court of this state which has made a child custody determination
consistent with Section 13 or 15 of this act has exclusive,
continuing jurisdiction over the determination until:
1. A court of this state determines that neither the child, the
child and one parent, nor the child and a person acting as a parent
have a significant connection with this state and that substantial
evidence is no longer available in this state concerning the child's
care, protection, training, and personal relationships; or
2. A court of this state or a court of another state determines
that the child, the child's parents, and any person acting as a
parent do not presently reside in this state.
B. A court of this state which has made a child custody
determination and does not have exclusive, continuing jurisdiction
under this section may modify that determination only if it has
jurisdiction to make an initial determination under Section 13 of
this act.
Added by Laws 1998, c. 407, § 14, eff. Nov. 1, 1998.
§43-551-203. Jurisdiction to modify determination.
JURISDICTION TO MODIFY DETERMINATION
Except as otherwise provided in Section 16 of this act, a court
of this state may not modify a child custody determination made by a
court of another state unless a court of this state has jurisdiction
to make an initial determination under paragraph 1 or 2 of subsection
A of Section 13 of this act and:
1. The court of the other state determines it no longer has
exclusive, continuing jurisdiction under Section 14 of this act or
that a court of this state would be a more convenient forum under
Section 19 of this act; or
2. A court of this state or a court of the other state
determines that the child, the child's parents, and any person acting
as a parent do not presently reside in the other state.
Added by Laws 1998, c. 407, § 15, eff. Nov. 1, 1998.
§43-551-204. Temporary emergency jurisdiction.
TEMPORARY EMERGENCY JURISDICTION
A. A court of this state has temporary emergency jurisdiction if
the child is present in this state and the child has been abandoned
or it is necessary in an emergency to protect the child because the
D5*$+''&'%'5 +5( 64
child, or a sibling or parent of the child, is subjected to or
threatened with mistreatment or abuse.
B. If there is no previous child custody determination that is
entitled to be enforced under this act and a child custody proceeding
has not been commenced in a court of a state having jurisdiction
under Sections 13 through 15 of this act, a child custody
determination made under this section remains in effect until an
order is obtained from a court of a state having jurisdiction under
Sections 13 through 15 of this act. If a child custody proceeding
has not been or is not commenced in a court of a state having
jurisdiction under Sections 13 through 15 of this act, a child
custody determination made under this section becomes a final
determination, if it so provides and this state becomes the home
state of the child.
C. If there is a previous child custody determination that is
entitled to be enforced under this act, or a child custody proceeding
has been commenced in a court of a state having jurisdiction under
Sections 13 through 15 of this act, any order issued by a court of
this state under this section must specify in the order a period that
the court considers adequate to allow the person seeking an order to
obtain an order from the state having jurisdiction under Sections 13
through 15 of this act. The order issued in this state remains in
effect until an order is obtained from the other state within the
period specified or the period expires.
D. A court of this state which has been asked to make a child
custody determination under this section, upon being informed that a
child custody proceeding has been commenced in, or a child custody
determination has been made by, a court of a state having
jurisdiction under Sections 13 through 15 of this act, shall
immediately communicate with the other court. A court of this state
which is exercising jurisdiction pursuant to Sections 13 through 15
of this act, upon being informed that a child custody proceeding has
been commenced in, or a child custody determination has been made by,
a court of another state under a statute similar to this section
shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and
determine a period for the duration of the temporary order.
Added by Laws 1998, c. 407, § 16, eff. Nov. 1, 1998.
§43-551-205. Notice; opportunity to be heard; joinder.
NOTICE; OPPORTUNITY TO BE HEARD; JOINDER
A. Before a child custody determination is made under this act,
notice and an opportunity to be heard in accordance with the
standards of Section 8 of this act must be given to all persons
entitled to notice under the law of this state as in child custody
proceedings between residents of this state, any parent whose
D5*$+''&'%'5 +5( 67
parental rights have not been previously terminated, and any person
having physical custody of the child.
B. This act does not govern the enforceability of a child
custody determination made without notice or an opportunity to be
heard.
C. The obligation to join a party and the right to intervene as
a party in a child custody proceeding under this act are governed by
the law of this state as in child custody proceedings between
residents of this state.
Added by Laws 1998, c. 407, § 17, eff. Nov. 1, 1998.
§43-551-206. Simultaneous proceedings.
SIMULTANEOUS PROCEEDINGS
A. Except as otherwise provided in Section 16 of this act, a
court of this state may not exercise its jurisdiction under this
article if, at the time of the commencement of the proceeding, a
proceeding concerning the custody of the child has been commenced in
a court of another state having jurisdiction substantially in
conformity with this act, unless the proceeding has been terminated
or is stayed by the court of the other state because a court of this
state is a more convenient forum under Section 19 of this act.
B. Except as otherwise provided in Section 16 of this act, a
court of this state, before hearing a child custody proceeding, shall
examine the court documents and other information supplied by the
parties pursuant to Section 21 of this act. If the court determines
that a child custody proceeding has been commenced in a court in
another state having jurisdiction substantially in accordance with
this act, the court of this state shall stay its proceeding and
communicate with the court of the other state. If the court of the
state having jurisdiction substantially in accordance with this act
does not determine that the court of this state is a more appropriate
forum, the court of this state shall dismiss the proceeding.
C. In a proceeding to modify a child custody determination, a
court of this state shall determine whether a proceeding to enforce
the determination has been commenced in another state. If a
proceeding to enforce a child custody determination has been
commenced in another state, the court may:
1. Stay the proceeding for modification pending the entry of an
order of a court of the other state enforcing, staying, denying, or
dismissing the proceeding for enforcement;
2. Enjoin the parties from continuing with the proceeding for
enforcement; or
3. Proceed with the modification under conditions it considers
appropriate.
Added by Laws 1998, c. 407, § 18, eff. Nov. 1, 1998.
§43-551-207. Inconvenient forum.
D5*$+''&'%'5 +5( 68
INCONVENIENT FORUM
A. A court of this state which has jurisdiction under this act
to make a child custody determination may decline to exercise its
jurisdiction at any time if it determines that it is an inconvenient
forum under the circumstances and that a court of another state is a
more appropriate forum. The issue of inconvenient forum may be
raised upon the motion of a party, the court's own motion, or request
of another court.
B. Before determining whether it is an inconvenient forum, a
court of this state shall consider whether it is appropriate for a
court of another state to exercise jurisdiction. For this purpose,
the court shall allow the parties to submit information and shall
consider all relevant factors, including:
1. Whether domestic violence has occurred and is likely to
continue in the future and which state could best protect the parties
and the child;
2. The length of time the child has resided outside this state;
3. The distance between the court in this state and the court in
the state that would assume jurisdiction;
4. The relative financial circumstances of the parties;
5. Any agreement of the parties as to which state should assume
jurisdiction;
6. The nature and location of the evidence required to resolve
the pending litigation, including testimony of the child;
7. The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the evidence;
and
8. The familiarity of the court of each state with the facts and
issues in the pending litigation.
C. If a court of this state determines that it is an
inconvenient forum and that a court of another state is a more
appropriate forum, it shall stay the proceedings upon condition that
a child custody proceeding be promptly commenced in another
designated state and may impose any other condition the court
considers just and proper.
D. A court of this state may decline to exercise its
jurisdiction under this act if a child custody determination is
incidental to an action for divorce or another proceeding while still
retaining jurisdiction over the divorce or other proceeding.
Added by Laws 1998, c. 407, § 19, eff. Nov. 1, 1998.
§43-551-208. Jurisdiction declined by reason of conduct.
JURISDICTION DECLINED BY REASON OF CONDUCT
A. Except as otherwise provided in Section 16 of this act or by
another law of this state, if a court of this state has jurisdiction
under this act because a person seeking to invoke its jurisdiction
D5*$+''&'%'5 +5( 6!
has engaged in unjustifiable conduct, the court shall decline to
exercise its jurisdiction unless:
1. The parents and all persons acting as parents have acquiesced
in the exercise of jurisdiction;
2. A court of the state otherwise having jurisdiction under
Sections 13 through 15 of this act determines that this state is a
more appropriate forum under Section 19 of this act; or
3. No court of any other state would have jurisdiction under the
criteria specified in Sections 13 through 15 of this act.
B. If a court of this state declines to exercise its
jurisdiction pursuant to subsection A of this section, it may fashion
an appropriate remedy to ensure the safety of the child and prevent a
repetition of the unjustifiable conduct, including staying the
proceeding until a child custody proceeding is commenced in a court
having jurisdiction under Sections 13 through 15 of this act.
C. If a court dismisses a petition or stays a proceeding because
it declines to exercise its jurisdiction pursuant to subsection A of
this section, it shall assess against the party seeking to invoke its
jurisdiction necessary and reasonable expenses including costs,
communication expenses, attorney fees, investigative fees, expenses
for witnesses, travel expenses, and child care during the course of
the proceedings, unless the party from whom fees are sought
establishes that the assessment would be clearly inappropriate. The
court may not assess fees, costs, or expenses against this state
unless authorized by law other than this act.
Added by Laws 1998, c. 407, § 20, eff. Nov. 1, 1998.
§43-551-209. Information to be submitted to court.
INFORMATION TO BE SUBMITTED TO COURT
A. In a child custody proceeding, each party, in its first
pleading or in an attached affidavit, shall give information, if
reasonably ascertainable, under oath as to the child's present
address or whereabouts, the places where the child has lived during
the last five (5) years, and the names and present addresses of the
persons with whom the child has lived during that period. The
pleading or affidavit must state whether the party:
1. Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of or
visitation with the child and, if so, identify the court, the case
number, and the date of the child custody determination, if any;
2. Knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of
parental rights, and adoptions, and, if so, identify the court, the
case number, and the nature of the proceeding; and
3. Knows the names and addresses of any person not a party to
the proceeding who has physical custody of the child or claims rights
D5*$+''&'%'5 +5( 6;
of legal custody or physical custody of, or visitation with, the
child and, if so, the names and addresses of those persons.
B. If the information required by subsection A of this section
is not furnished, the court, upon motion of a party or its own
motion, may stay the proceeding until the information is furnished.
C. If the declaration as to any of the items described in
paragraphs 1 through 3 of subsection A of this section is in the
affirmative, the declarant shall give additional information under
oath as required by the court. The court may examine the parties
under oath as to details of the information furnished and other
matters pertinent to the court's jurisdiction and the disposition of
the case.
D. Each party has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the current
proceeding.
E. If a party alleges in an affidavit or a pleading under oath
that the health, safety, or liberty of a party or child would be
jeopardized by disclosure of identifying information, the information
must be sealed and may not be disclosed to the other party or the
public unless the court orders the disclosure to be made after a
hearing in which the court takes into consideration the health,
safety, or liberty of the party or child and determines that the
disclosure is in the interest of justice.
Added by Laws 1998, c. 407, § 21, eff. Nov. 1, 1998.
§43-551-210. Appearance of parties and child.
APPEARANCE OF PARTIES AND CHILD
A. In a child custody proceeding in this state, the court may
order a party to the proceeding who is in this state to appear before
the court in person with or without the child. The court may order
any person who is in this state and who has physical custody or
control of the child to appear in person with the child.
B. If a party to a child custody proceeding whose presence is
desired by the court is outside this state, the court may order that
a notice given pursuant to Section 8 of this act include a statement
directing the party to appear in person with or without the child and
informing the party that failure to appear may result in a decision
adverse to the party.
C. The court may enter any orders necessary to ensure the safety
of the child and of any person ordered to appear under this section.
D. If a party to a child custody proceeding who is outside this
state is directed to appear under subsection B of this section or
desires to appear personally before the court with or without the
child, the court may require another party to pay reasonable and
necessary travel and other expenses of the party so appearing and of
the child.
Added by Laws 1998, c. 407, § 22, eff. Nov. 1, 1998.
D5*$+''&'%'5 +5( 642
§43-551-301. Definitions.
DEFINITIONS
In this article:
1. "Petitioner" means a person who seeks enforcement of an order
for return of a child under the Hague Convention on the Civil Aspects
of International Child Abduction or enforcement of a child custody
determination.
2. "Respondent" means a person against whom a proceeding has
been commenced for enforcement of an order for return of a child
under the Hague Convention on the Civil Aspects of International
Child Abduction or enforcement of a child custody determination.
Added by Laws 1998, c. 407, § 23, eff. Nov. 1, 1998.
§43-551-302. Enforcement under Hague Convention.
ENFORCEMENT UNDER HAGUE CONVENTION
Under this article a court of this state may enforce an order for
the return of the child made under the Hague Convention on the Civil
Aspects of International Child Abduction as if it were a child
custody determination.
Added by Laws 1998, c. 407, § 24, eff. Nov. 1, 1998.
§43-551-303. Duty to enforce.
DUTY TO ENFORCE
A. A court of this state shall recognize and enforce a child
custody determination of a court of another state if the latter court
exercised jurisdiction in substantial conformity with this act or the
determination was made under factual circumstances meeting the
jurisdictional standards of this act and the determination has not
been modified in accordance with this act.
B. A court of this state may utilize any remedy available under
other laws of this state to enforce a child custody determination
made by a court of another state. The remedies provided in this
article are cumulative and do not affect the availability of other
remedies to enforce a child custody determination.
Added by Laws 1998, c. 407, § 25, eff. Nov. 1, 1998.
§43-551-304. Temporary visitation.
TEMPORARY VISITATION
A. A court of this state which does not have jurisdiction to
modify a child custody determination, may issue a temporary order
enforcing:
1. A visitation schedule made by a court of another state; or
2. The visitation provisions of a child custody determination of
another state that does not provide for a specific visitation
schedule.
D5*$+''&'%'5 +5( 64
B. If a court of this state makes an order under paragraph 2 of
subsection A of this section, it shall specify in the order a period
of time that it considers adequate to allow the petitioner to obtain
an order from a court having jurisdiction under the criteria
specified in Article 2 of this act. The order remains in effect
until an order is obtained from the other court or the time period
expires.
Added by Laws 1998, c. 407, § 26, eff. Nov. 1, 1998.
§43-551-305. Registration of child custody determination.
REGISTRATION OF CHILD CUSTODY DETERMINATION
A. A child custody determination issued by a court of another
state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this
state:
1. A letter or other document requesting registration;
2. Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty
of perjury that to the best of the knowledge and belief of the person
seeking registration the order has not been modified; and
3. Except as otherwise provided in Section 21 of this act, the
name and address of the person seeking registration and any parent or
person acting as a parent who has been awarded custody or visitation
in the child custody determination sought to be registered.
B. On receipt of the documents required by subsection A of this
section, the registering court shall:
1. Cause the determination to be filed as a foreign judgment,
together with one copy of any accompanying documents and information,
regardless of their form; and
2. Serve notice upon the persons named pursuant to paragraph 3
subsection A of this section and provide them with an opportunity to
contest the registration in accordance with this section.
C. The notice required by paragraph 2 of subsection B of this
section must state that:
1. A registered determination is enforceable as of the date of
the registration in the same manner as a determination issued by a
court of this state;
2. A hearing to contest the validity of the registered
determination must be requested within twenty (20) days after service
of notice; and
3. Failure to contest the registration will result in
confirmation of the child custody determination and preclude further
contest of that determination with respect to any matter that could
have been asserted.
D. A person seeking to contest the validity of a registered
order must request a hearing within twenty (20) days after service of
D5*$+''&'%'5 +5( 64"
the notice. At that hearing, the court shall confirm the registered
order unless the person contesting registration establishes that:
1. The issuing court did not have jurisdiction under Article 2
of this act;
2. The child custody determination sought to be registered has
been vacated, stayed, or modified by a court having jurisdiction to
do so under Article 2 of this act; or
3. The person contesting registration was entitled to notice,
but notice was not given in accordance with the standards of Section
8 of this act, in the proceedings before the court that issued the
order for which registration is sought.
E. If a timely request for a hearing to contest the validity of
the registration is not made, the registration is confirmed as a
matter of law and the person requesting registration and all persons
served must be notified of the confirmation.
F. Confirmation of a registered order, whether by operation of
law or after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted at the
time of registration.
Added by Laws 1998, c. 407, § 27, eff. Nov. 1, 1998.
§43-551-306. Enforcement of registered determination.
ENFORCEMENT OF REGISTERED DETERMINATION
A. A court of this state may grant any relief normally available
under the laws of this state to enforce a registered child custody
determination made by a court of another state.
B. A court of this state shall recognize and enforce, but may
not modify, except in accordance with Article 2 of this act, a
registered child custody determination of a court of another state.
Added by Laws 1998, c. 407, § 28, eff. Nov. 1, 1998.
§43-551-307. Simultaneous proceedings.
SIMULTANEOUS PROCEEDINGS
If a proceeding for enforcement under this article is commenced
in a court of this state and the court determines that a proceeding
to modify the determination is pending in a court of another state
having jurisdiction to modify the determination under Article 2 of
this act, the enforcing court shall immediately communicate with the
modifying court. The proceeding for enforcement continues unless the
enforcing court, after consultation with the modifying court, stays
or dismisses the proceeding.
Added by Laws 1998, c. 407, § 29, eff. Nov. 1, 1998.
§43-551-308. Expedited enforcement of child custody determination.
EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION
A. A petition under this article must be verified. Certified
copies of all orders sought to be enforced and of any order
D5*$+''&'%'5 +5( 64
confirming registration must be attached to the petition. A copy of
a certified copy of an order may be attached instead of the original.
B. A petition for enforcement of a child custody determination
must state:
1. Whether the court that issued the determination identified
the jurisdictional basis it relied upon in exercising jurisdiction
and, if so, what the basis was;
2. Whether the determination for which enforcement is sought has
been vacated, stayed, or modified by a court whose decision must be
enforced under this act and, if so, identify the court, the case
number, and the nature of the proceeding;
3. Whether any proceeding has been commenced that could affect
the current proceeding, including proceedings relating to domestic
violence, protective orders, termination of parental rights, and
adoptions and, if so, identify the court, the case number, and the
nature of the proceeding;
4. The present physical address of the child and the respondent,
if known;
5. Whether relief in addition to the immediate physical custody
of the child and attorney's fees is sought, including a request for
assistance from law enforcement officials and, if so, the relief
sought; and
6. If the child custody determination has been registered and
confirmed under Section 27 of this act, the date and place of
registration.
C. Upon the filing of a petition, the court shall issue an order
directing the respondent to appear in person with or without the
child at a hearing and may enter any order necessary to ensure the
safety of the parties and the child. The hearing must be held on the
judicial day after service of the order unless that date is
impossible. In that event, the court shall hold the hearing on the
first judicial day possible. The court may extend the date of
hearing at the request of the petitioner.
D. An order issued under subsection C of this section must state
the time and place of the hearing and advise the respondent that at
the hearing the court will order that the petitioner may take
immediate physical custody of the child and the payment of fees,
costs, and expenses under Section 34 of this act, and may schedule a
hearing to determine whether further relief is appropriate, unless
the respondent appears and establishes that:
1. The child custody determination has not been registered and
confirmed under Section 27 of this act and that:
a. the issuing court did not have jurisdiction under
Article 2 of this act,
b. the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a
D5*$+''&'%'5 +5( 64
court having jurisdiction to do so under Article 2 of
this act, or
c. the respondent was entitled to notice, but notice was
not given in accordance with the standards of Section 8
of this act, in the proceedings before the court that
issued the order for which enforcement is sought; or
2. The child custody determination for which enforcement is
sought was registered and confirmed under Section 27 of this act, but
has been vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Article 2 of this act.
Added by Laws 1998, c. 407, § 30, eff. Nov. 1, 1998.
§43-551-309. Service of petition and order.
SERVICE OF PETITION AND ORDER
Except as otherwise provided in Section 33 of this act, the
petition and order shall be served upon the respondent and any person
who has physical custody of the child in the manner provided in
Section 2004 of Title 12 of the Oklahoma Statutes.
Added by Laws 1998, c. 407, § 31, eff. Nov. 1, 1998.
§43-551-310. Hearing and order.
HEARING AND ORDER
A. Unless the court issues a temporary emergency order pursuant
to Section 16 of this act, upon a finding that a petitioner is
entitled to immediate physical custody of the child, the court shall
order that the petitioner may take immediate physical custody of the
child unless the respondent establishes that:
1. The child custody determination has not been registered and
confirmed under Section 27 of this act and that:
a. the issuing court did not have jurisdiction under
Article 2 of this act,
b. the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a
court of a state having jurisdiction to do so under
Article 2 of this act, or
c. the respondent was entitled to notice, but notice was
not given in accordance with the standards of Section 8
of this act, in the proceedings before the court that
issued the order for which enforcement is sought; or
2. The child custody determination for which enforcement is
sought was registered and confirmed under Section 27 of this act, but
has been vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Article 2 of this act.
B. The court shall award the fees, costs, and expenses
authorized under Section 34 of this act and may grant additional
relief, including a request for the assistance of law enforcement
D5*$+''&'%'5 +5( 644
officials, and set a further hearing to determine whether additional
relief is appropriate.
C. If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw an
adverse inference from the refusal.
D. A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding under this article.
Added by Laws 1998, c. 407, § 32, eff. Nov. 1, 1998.
§43-551-311. Warrant to take physical custody of child.
WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD
A. Upon the filing of a petition seeking enforcement of a child
custody determination, the petitioner may file a verified application
for the issuance of a warrant to take physical custody of the child
if the child is imminently likely to suffer serious physical harm or
be removed from this state.
B. If the court, upon the testimony of the petitioner or other
witness, finds that the child is imminently likely to suffer serious
physical harm or be removed from this state it may issue a warrant to
take physical custody of the child. The petition must be heard on
the next judicial day after the warrant is executed unless that date
is impossible. In that event, the court shall hold the hearing on
the first judicial day possible. The application for the warrant
must include the statements required by subsection B of Section 30 of
this act.
C. A warrant to take physical custody of a child must:
1. Recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;
2. Direct law enforcement officers to take physical custody of
the child immediately; and
3. Provide for the placement of the child pending final relief.
D. The respondent must be served with the petition, warrant, and
order immediately after the child is taken into physical custody.
E. A warrant to take physical custody of a child is enforceable
throughout this state. If the court finds on the basis of the
testimony of the petitioner or other witness that a less intrusive
remedy is not effective, it may authorize law enforcement officers to
enter private property to take physical custody of the child. If
required by exigent circumstances of the case, the court may
authorize law enforcement officers to make a forcible entry at any
hour.
F. The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child's custodian.
Added by Laws 1998, c. 407, § 33, eff. Nov. 1, 1998.
D5*$+''&'%'5 +5( 647
§43-551-312. Costs, fees, and expenses.
COSTS, FEES, AND EXPENSES
A. The court shall award the prevailing party, including a
state, necessary and reasonable expenses incurred by or on behalf of
the party, including costs, communication expenses, attorney's fees,
investigative fees, expenses for witnesses, travel expenses, and
child care during the course of the proceedings, unless the party
from whom fees or expenses are sought establishes that the award
would be clearly inappropriate.
B. The court may not assess fees, costs, or expenses against a
state unless authorized by laws other than this act.
Added by Laws 1998, c. 407, § 34, eff. Nov. 1, 1998.
§43-551-313. Recognition and enforcement.
RECOGNITION AND ENFORCEMENT
A court of this state shall accord full faith and credit to an
order issued by another state and consistent with this act which
enforces a child custody determination by a court of another state
unless the order has been vacated, stayed, or modified by a court
having jurisdiction to do so under Article 2 of this act.
Added by Laws 1998, c. 407, § 35, eff. Nov. 1, 1998.
§43-551-314. Appeals.
APPEALS
An appeal may be taken from a final order in a proceeding under
this article in accordance with appellate procedures in other civil
cases. Unless the court enters a temporary emergency order under
Section 16 of this act, the enforcing court may not stay an order
enforcing a child custody determination pending appeal.
Added by Laws 1998, c. 407, § 36, eff. Nov. 1, 1998.
§43-551-315. Role of district attorney.
ROLE OF DISTRICT ATTORNEY
A. In a case arising under this act or involving the Hague
Convention on the Civil Aspects of International Child Abduction, the
district attorney may take any lawful action, including resorting to
a proceeding under this article or any other available civil
proceeding, to locate a child, obtain the return of a child, or
enforce a child custody determination if there is:
1. An existing child custody determination;
2. A request to do so from a court in a pending child custody
proceeding;
3. A reasonable belief that a criminal statute has been
violated; or
4. A reasonable belief that the child has been wrongfully
removed or retained in violation of the Hague Convention on the Civil
Aspects of International Child Abduction.
D5*$+''&'%'5 +5( 648
B. A district attorney acting under this section acts on behalf
of the court and may not represent any party.
Added by Laws 1998, c. 407, § 37, eff. Nov. 1, 1998.
§43-551-316. Role of law enforcement.
ROLE OF LAW ENFORCEMENT
At the request of a district attorney acting under Section 37 of
this act, a law enforcement officer may take any lawful action
reasonably necessary to locate a child or a party and assist the
district attorney with responsibilities under Section 37 of this act.
Added by Laws 1998, c. 407, § 38, eff. Nov. 1, 1998.
§43-551-317. Costs and expenses.
COSTS AND EXPENSES
If the respondent is not the prevailing party, the court may
assess against the respondent all direct expenses and costs incurred
by the district attorney and law enforcement officer under Section 37
or 38 of this act.
Added by Laws 1998, c. 407, § 39, eff. Nov. 1, 1998.
§43-551-401. Application and construction.
APPLICATION AND CONSTRUCTION
In applying and construing this Uniform Act, consideration must
be given to the need to promote uniformity of the law with respect to
its subject matter among states that enact it.
Added by Laws 1998, c. 407, § 40, eff. Nov. 1, 1998.
§43-551-402. Transitional provision.
TRANSITIONAL PROVISION
A motion or other request for relief made in a child custody
proceeding or to enforce a child custody determination which was
commenced before the effective date of this act is governed by the
law in effect at the time the motion or other request was made.
Added by Laws 1998, c. 407, § 41, eff. Nov. 1, 1998.
§43-601-100. Repealed by Laws 2015, c. 104, § 67, eff. Nov. 1, 2015.
§43-601-101. Short title - Uniform Interstate Family Support Act.
This act may be cited as the "Uniform Interstate Family Support
Act".
Added by Laws 1994, c. 160, § 2, eff. Sept. 1, 1994. Amended by Laws
1997, c. 360, § 1, eff. Sept. 1, 1997; Laws 2004, c. 367, § 1, eff.
Nov. 1, 2004; Laws 2015, c. 104, § 1, eff. Nov. 1, 2015.
§43-601-102. Definitions
In this act:
D5*$+''&'%'5 +5( 64!
1. "Child" means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of
a support order directed to the parent;
2. "Child support order" means a support order for a child,
including a child who has attained the age of majority under the law
of the issuing state or foreign country;
3. "Convention" means the Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance,
concluded at The Hague on November 23, 2007;
4. "Duty of support" means an obligation imposed or imposable by
law to provide support for a child, spouse or former spouse,
including an unsatisfied obligation to provide support;
5. "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes
the issuance of support orders and:
a. which has been declared under the law of the United
States to be a foreign reciprocating country,
b. which has established a reciprocal arrangement for
child support with this state as provided in Section
601-308 of this title,
c. which has enacted a law or established procedures for
the issuance and enforcement of support orders which
are substantially similar to the procedures under this
act, or
d. in which the Convention is in force with respect to the
United States;
6. "Foreign support order" means a support order of a foreign
tribunal;
7. "Foreign tribunal" means a court, administrative agency or
quasi-judicial entity of a foreign country which is authorized to
establish, enforce or modify support orders or to determine parentage
of a child. The term includes a competent authority under the
Convention;
8. "Home state" means the state or foreign country in which a
child lived with a parent or a person acting as parent for at least
six (6) consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a child is
less than six (6) months old, the state or foreign country in which
the child lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the six-month or other
period;
9. "Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this state;
10. "Income-withholding order" means an order or other legal
process directed to an obligor's employer or other debtor, as defined
D5*$+''&'%'5 +5( 64;
by the income-withholding law of this state, to withhold support from
the income of the obligor;
11. "Initiating tribunal" means the tribunal of a state or
foreign country from which a petition or comparable pleading is
forwarded or in which a petition or comparable pleading is filed for
forwarding to another state or foreign country;
12. "Issuing foreign country" means the foreign country in which
a tribunal issues a support order or a judgment determining parentage
of a child;
13. "Issuing state" means the state in which a tribunal issues a
support order or a judgment determining parentage of a child;
14. "Issuing tribunal" means the tribunal that issues a support
order or a judgment determining parentage of a child;
15. "Law" includes decisional and statutory law and rules and
regulations having the force of law;
16. "Obligee" means:
a. an individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order or
a judgment determining parentage of a child has been
issued,
b. a foreign country, state or political subdivision of a
state to which the rights under a duty of support or
support order have been assigned or which has
independent claims based on financial assistance
provided to an individual obligee in place of child
support,
c. an individual seeking a judgment determining parentage
of the individual's child, or
d. a person that is a creditor in a proceeding under
Article 7;
17. "Obligor" means an individual or the estate of a decedent
that:
a. owes or is alleged to owe a duty of support,
b. is alleged but has not been adjudicated to be a parent
of a child,
c. is liable under a support order, or
d. is a debtor in a proceeding under Article 7;
18. "Outside this state" means a location in another state or a
country other than the United States, whether or not the country is a
foreign country;
19. "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government or governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity;
D5*$+''&'%'5 +5( 672
20. "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form;
21. "Register" means to record or file in a tribunal of this
state a support order or judgment determining parentage of a child
issued in another state or a foreign country;
22. "Registering tribunal" means a tribunal in which a support
order or judgment determining parentage of a child is registered;
23. "Responding state" means a state in which a petition or
comparable pleading for support or to determine parentage of a child
is filed or to which a petition or comparable pleading is forwarded
for filing from another state or a foreign country;
24. "Responding tribunal" means the authorized tribunal in a
responding state or foreign country;
25. "Spousal support order" means a support order for a spouse
or former spouse of the obligor;
26. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession under the jurisdiction of the United
States. The term includes an Indian nation or tribe;
27. "Support enforcement agency" means a public official,
governmental entity, or private agency authorized to:
a. seek enforcement of support orders or laws relating to
the duty of support,
b. seek establishment or modification of child support,
c. request determination of parentage of a child,
d. attempt to locate obligors or their assets, or
e. request determination of the controlling child support
order;
28. "Support order" means a judgment, decree, order, decision,
or directive, whether temporary, final or subject to modification,
issued in a state or foreign country for the benefit of a child, a
spouse or a former spouse, which provides for monetary support,
health care, arrearages, retroactive support or reimbursement for
financial assistance provided to an individual obligee in place of
child support. The term may include related costs and fees,
interest, income withholding, automatic adjustment, reasonable
attorney fees, and other relief; and
29. "Tribunal" means a court, administrative agency, or quasi-
judicial entity authorized to establish, enforce or modify support
orders or to determine parentage of a child.
Added by Laws 1994, c. 160, § 3, eff. Sept. 1, 1994. Amended by Laws
2015, c. 104, § 2, eff. Nov. 1, 2015; Laws 2016, c. 148, § 1, eff.
Nov. 1, 2016.
§43-601-103. Tribunals and support enforcement agency.
D5*$+''&'%'5 +5( 67
A. The district court and the Department of Human Services are
the tribunals of this state.
B. The Department of Human Services, Child Support Services, is
the support enforcement agency of this state.
Added by Laws 1994, c. 160, § 4, eff. Sept. 1, 1994. Amended by Laws
2004, c. 367, § 2, eff. Nov. 1, 2004; Laws 2015, c. 104, § 3, eff.
Nov. 1, 2015.
§43-601-104. Remedies cumulative.
A. Remedies provided by this act are cumulative and do not
affect the availability of remedies under other law or the
recognition of a foreign support order on the basis of comity.
B. This act does not:
1. Provide the exclusive method of establishing or enforcing a
support order under the laws of this state; or
2. Grant a tribunal of this state jurisdiction to render
judgment or issue an order relating to child custody or visitation in
a proceeding under this act.
Added by Laws 2015, c. 104, § 4, eff. Nov. 1, 2015.
§43-601-105. Application to support proceedings.
A. A tribunal of this state shall apply Articles 1 through 6 of
this title and, as applicable, Article 7 of this title, to a support
proceeding involving:
1. A foreign support order;
2. A foreign tribunal; or
3. An obligee, obligor or child residing in a foreign country.
B. A tribunal of this state that is requested to recognize and
enforce a support order on the basis of comity may apply the
procedural and substantive provisions of Articles 1 through 6 of this
title.
C. Article 7 of this title applies only to a support proceeding
under the Convention. In such a proceeding, if a provision of
Article 7 is inconsistent with Articles 1 through 6, Article 7
controls.
Added by Laws 2015, c. 104, § 5, eff. Nov. 1, 2015.
§43-601-201. Bases for jurisdiction over nonresident
A. In a proceeding to establish or enforce a support order or to
determine parentage of a child, a tribunal of this state may exercise
personal jurisdiction over a nonresident individual or the
individual's guardian or conservator if:
1. The individual is personally served with summons within this
state;
2. The individual submits to the jurisdiction of this state by
consent in a record, by entering a general appearance, or by filing a
D5*$+''&'%'5 +5( 67"
responsive document having the effect of waiving any contest to
personal jurisdiction;
3. The individual resided with the child in this state;
4. The individual resided in this state and provided prenatal
expenses or support for the child;
5. The child resides in this state as a result of the acts or
directives of the individual;
6. The individual engaged in sexual intercourse in this state
and the child may have been conceived by that act of intercourse;
7. The individual asserted parentage of a child in the putative
father registry maintained in this state by the Oklahoma Department
of Human Services; or
8. There is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction.
B. The bases of personal jurisdiction set forth in subsection A
of this section or in any other law of this state may not be used to
acquire personal jurisdiction for a tribunal of this state to modify
a child support order of another state unless the requirements of
Section 601-611 of this title are met, or, in the case of a foreign
support order, unless the requirements of Section 601-615 are met.
Added by Laws 1994, c. 160, § 5, eff. Sept. 1, 1994. Amended by Laws
2004, c. 367, § 3, eff. Nov. 1, 2004; Laws 2015, c. 104, § 6, eff.
Nov. 1, 2015; Laws 2016, c. 148, § 2, eff. Nov. 1, 2016.
§43-601-202. Duration of jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a
proceeding under this act or other law of this state relating to a
support order continues as long as a tribunal of this state has
continuing, exclusive jurisdiction to modify its order or continuing
jurisdiction to enforce its order as provided by Sections 601-205,
601-206, and 601-211 of this title.
Added by Laws 1994, c. 160, § 6, eff. Sept. 1, 1994. Amended by Laws
2004, c. 367, § 4, eff. Nov. 1, 2004; Laws 2015, c. 104, § 7, eff.
Nov. 1, 2015.
§43-601-203. Initiating and responding tribunal of this state.
Under this act, a tribunal of this state may serve as an
initiating tribunal to forward proceedings to a tribunal of another
state and as a responding tribunal for proceedings initiated in
another state or foreign country.
Added by Laws 1994, c. 160, § 7, eff. Sept. 1, 1994. Amended by Laws
2015, c. 104, § 8, eff. Nov. 1, 2015.
§43-601-204. Simultaneous proceedings in another state or foreign
country
D5*$+''&'%'5 +5( 67
A. A tribunal of this state may exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed after a pleading is filed in another state or a foreign country
only if:
1. The petition or comparable pleading in this state is filed
before the expiration of the time allowed in the other state or the
foreign country for filing a responsive pleading challenging the
exercise of jurisdiction by the other state or the foreign country;
2. The contesting party timely challenges the exercise of
jurisdiction in the other state or the foreign country; and
3. If relevant, this state is the home state of the child.
B. A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed before a petition or comparable pleading is filed in another
state or foreign country if:
1. The petition or comparable pleading in the other state or a
foreign country is filed before the expiration of the time allowed in
this state for filing a responsive pleading challenging the exercise
of jurisdiction by this state;
2. The contesting party timely challenges the exercise of
jurisdiction in this state; and
3. If relevant, the other state or a foreign country is the home
state of the child.
Added by Laws 1994, c. 160, § 8, eff. Sept. 1, 1994. Amended by Laws
2015, c. 104, § 9, eff. Nov. 1, 2015; Laws 2016, c. 148, § 3, eff.
Nov. 1, 2016.
§43-601-205. Continuing, exclusive jurisdiction - Controlling order
A. A tribunal of this state that has issued a child support
order consistent with the law of this state has and shall exercise
continuing, exclusive jurisdiction to modify its child support order
if the order is the controlling order and:
1. At the time of the filing of a request for modification, this
state is the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued; or
2. Even if this state is not the residence of the obligor, the
individual obligee, or the child for whose benefit the support order
is issued, the parties consent in a record or in open court that the
tribunal of this state may continue to exercise jurisdiction to
modify its order.
B. A tribunal of this state that has issued a child support
order consistent with the law of this state may not exercise
continuing, exclusive jurisdiction to modify the order if:
1. All of the parties who are individuals file consent in a
record with the tribunal of this state that a tribunal of another
state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the
D5*$+''&'%'5 +5( 67
child may modify the order and assume continuing, exclusive
jurisdiction; or
2. Its order is not the controlling order.
C. If a tribunal of another state has issued a child support
order pursuant to the Uniform Interstate Family Support Act or a law
substantially similar to the Act which modifies a child support order
of a tribunal of this state, tribunals of this state shall recognize
the continuing, exclusive jurisdiction of the tribunal of the other
state.
D. A tribunal of this state that lacks continuing, exclusive
jurisdiction to modify a child support order may serve as an
initiating tribunal to request a tribunal of another state to modify
a support order issued in that state.
E. A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
Added by Laws 1994, c. 160, § 9, eff. Sept. 1, 1994. Amended by Laws
1997, c. 360, § 2, eff. Sept. 1, 1997; Laws 2004, c. 367, § 5, eff.
Nov. 1, 2004; Laws 2015, c. 104, § 10, eff. Nov. 1, 2015; Laws 2016,
c. 148, § 4, eff. Nov. 1, 2016.
§43-601-206. Request for enforcement of order by tribunal of other
state
A. A tribunal of this state that has issued a child support
order consistent with the law of this state may serve as an
initiating tribunal to request a tribunal of another state to
enforce:
1. The order if the order is the controlling order and has not
been modified by a tribunal of another state that assumed
jurisdiction pursuant to the Uniform Interstate Family Support Act;
or
2. A money judgment for arrears of support and interest on the
order accrued before a determination that an order of a tribunal of
another state is the controlling order.
B. A tribunal of this state having continuing jurisdiction over
a support order may act as a responding tribunal to enforce the
order.
Added by Laws 1994, c. 160, § 10, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 3, eff. Sept. 1, 1997; Laws 2004, c. 367, § 6,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 11, eff. Nov. 1, 2015; Laws
2016, c. 148, § 5, eff. Nov. 1, 2016.
§43-601-207. Determination of controlling order.
A. If a proceeding is brought pursuant to the Uniform Interstate
Family Support Act and only one tribunal has issued a child support
order, the order of that tribunal controls and must be so recognized.
D5*$+''&'%'5 +5( 674
B. If a proceeding is brought pursuant to the Uniform Interstate
Family Support Act, and two or more child support orders have been
issued by tribunals of this state or another state or a foreign
country with regard to the same obligor and same child, a tribunal of
this state having personal jurisdiction over both the obligor and
individual obligee shall apply the following rules and by order shall
determine which order controls and must be recognized:
1. If only one of the tribunals would have continuing, exclusive
jurisdiction pursuant to the Uniform Interstate Family Support Act,
the order of that tribunal control;
2. If more than one of the tribunals would have continuing,
exclusive jurisdiction under this act:
a. an order issued by a tribunal in the current home state
of the child controls, or
b. if an order has not been issued in the current home
state of the child, the order most recently issued
controls; and
3. If none of the tribunals would have continuing, exclusive
jurisdiction pursuant to the Uniform Interstate Family Support Act,
the tribunal of this state shall issue a child support order, which
controls.
C. If two or more child support orders have been issued for the
same obligor and same child, upon request of a party who is an
individual or that is a support enforcement agency, a tribunal of
this state having personal jurisdiction over both the obligor and the
obligee who is an individual shall determine which order controls
under subsection B of this section. The request may be filed with a
registration for enforcement or registration for modification
pursuant to Article 6 of this title, or may be filed as a separate
proceeding.
D. A request to determine which is the controlling order must be
accompanied by a copy of every child support order in effect and the
applicable record of payments. The requesting party shall give
notice of the request to each party whose rights may be affected by
the determination.
E. The tribunal that issued the controlling order under
subsection A, B, or C of this section has continuing jurisdiction to
the extent provided in Section 601-205 or 601-206 of this title.
F. A tribunal of this state that determines by order which is
the controlling order under paragraph 1 or 2 of subsection B or
subsection C of this section, or that issues a new controlling order
under paragraph 3 of subsection B of this section, shall state in
that order:
1. The basis upon which the tribunal made its determination;
2. The amount of prospective support, if any; and
D5*$+''&'%'5 +5( 677
3. The total amount of consolidated arrears and accrued
interest, if any, under all of the orders after all payments made are
credited as provided by Section 601-209 of this title.
G. Within thirty (30) days after issuance of an order
determining which is the controlling order, the party obtaining the
order shall file a certified copy of it in each tribunal that issued
or registered an earlier order of child support. A party or support
enforcement agency obtaining the order that fails to file a certified
copy is subject to appropriate sanctions by a tribunal in which the
issue of failure to file arises. The failure to file does not affect
the validity or enforceability of the controlling order.
H. An order that has been determined to be the controlling
order, or a judgment for consolidated arrears of support and
interest, if any, made pursuant to this section must be recognized in
proceedings under this act.
Added by Laws 1994, c. 160, § 11, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 4, eff. Sept. 1, 1997; Laws 2004, c. 367, § 7,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 12, eff. Nov. 1, 2015.
§43-601-208. Child support orders for two or more obligees.
In responding to registrations or petitions for enforcement of
two or more child support orders in effect at the same time with
regard to the same obligor and different individual obligees, at
least one of which was issued by a tribunal of another state or a
foreign country, a tribunal of this state shall enforce those orders
in the same manner as if the orders had been issued by a tribunal of
this state.
Added by Laws 1994, c. 160, § 12, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 8, eff. Nov. 1, 2004; Laws 2015, c. 104, § 13,
eff. Nov. 1, 2015.
§43-601-209. Credit for payments
A tribunal of this state shall credit amounts collected for a
particular period pursuant to any child support order against the
amounts owed for the same period under any other child support order
for support of the same child issued by a tribunal of this state,
another state or a foreign country.
Added by Laws 1994, c. 160, § 13, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 9, eff. Nov. 1, 2004; Laws 2015, c. 104, § 14,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 6, eff. Nov. 1, 2016.
§43-601-210. Receipt of evidence from outside the state - Applicable
law
A tribunal of this state exercising personal jurisdiction over a
nonresident in a proceeding under the Uniform Interstate Family
Support Act, under other law of this state relating to a support
order or recognizing a foreign support order may receive evidence
D5*$+''&'%'5 +5( 678
from outside this state pursuant to Section 601-316 of this title,
communicate with a tribunal outside this state pursuant to Section
601-317 of this title, and obtain discovery through a tribunal
outside this state pursuant to Section 601-318 of this title. In all
other respects, Articles 3 through 6 of this title do not apply and
the tribunal shall apply the procedural and substantive law of this
state.
Added by Laws 2004, c. 367, § 10, eff. Nov. 1, 2004. Amended by Laws
2015, c. 104, § 15, eff. Nov. 1, 2015; Laws 2016, c. 148, § 7, eff.
Nov. 1, 2016.
§43-601-211. Modification of spousal support order - Request for
enforcement to tribunal of another state or foreign country
A. A tribunal of this state issuing a spousal support order
consistent with the law of this state has continuing, exclusive
jurisdiction to modify the spousal support order throughout the
existence of the support obligation.
B. A tribunal of this state may not modify a spousal support
order issued by a tribunal of another state or a foreign country
having continuing, exclusive jurisdiction over that order under the
law of that state or a foreign country.
C. A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal support order may serve as:
1. An initiating tribunal to request a tribunal of another state
to enforce the spousal support order issued in this state; or
2. A responding tribunal to enforce or modify its own spousal
support order.
Added by Laws 2004, c. 367, § 11, eff. Nov. 1, 2004. Amended by Laws
2015, c. 104, § 16, eff. Nov. 1, 2015.
§43-601-301. Proceedings under this act.
A. Except as otherwise provided in this act, this article
applies to all proceedings under this act.
B. An individual petitioner or a support enforcement agency may
initiate a proceeding authorized under this act by filing a petition
in an initiating tribunal for forwarding to a responding tribunal or
by filing a petition or a comparable pleading directly in a tribunal
of another state or a foreign country which has or can obtain
personal jurisdiction over the respondent.
Added by Laws 1994, c. 160, § 14, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 12, eff. Nov. 1, 2004; Laws 2015, c. 104, § 17,
eff. Nov. 1, 2015.
§43-601-302. Action by minor parent.
A minor parent, or a guardian or other legal representative of a
minor parent, may maintain a proceeding on behalf of or for the
benefit of the minor's child.
D5*$+''&'%'5 +5( 67!
Added by Laws 1994, c. 160, § 15, eff. Sept. 1, 1994.
§43-601-303. Application of law of this state.
Except as otherwise provided in this act, a responding tribunal
of this state shall:
1. Apply the procedural and substantive law generally applicable
to similar proceedings originating in this state and may exercise all
powers and provide all remedies available in those proceedings; and
2. Determine the duty of support and the amount payable in
accordance with the law and support guidelines of this state.
Added by Laws 1994, c. 160, § 16, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 13, eff. Nov. 1, 2004.
§43-601-304. Duties of initiating tribunal
A. Upon the filing of a petition authorized under this act, an
initiating tribunal of this state shall forward the petition and its
accompanying documents:
1. To the responding tribunal or appropriate support enforcement
agency in the responding state; or
2. If the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
B. If requested by the responding tribunal, a tribunal of this
state shall issue a certificate or other document and make findings
required by the law of the responding state. If the responding
tribunal is in a foreign country, upon request the tribunal of this
state shall specify the amount of support sought, convert that amount
into the equivalent amount in the foreign currency under applicable
official or market exchange rate as publicly reported, and provide
any other documents necessary to satisfy the requirements of the
responding foreign tribunal.
Added by Laws 1994, c. 160, § 17, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 5, eff. Sept. 1, 1997; Laws 2004, c. 367, § 14,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 18, eff. Nov. 1, 2015; Laws
2016, c. 148, § 8, eff. Nov. 1, 2016.
§43-601-305. Duties and powers of responding tribunal.
A. When a responding tribunal of this state receives a petition
or comparable pleading from an initiating tribunal or directly
pursuant to subsection B of Section 601-301 of this title, it shall
cause the petition or pleading to be filed and notify the petitioner
where and when it was filed.
B. A responding tribunal of this state, to the extent not
prohibited by other law, may do one or more of the following:
D5*$+''&'%'5 +5( 67;
1. Establish or enforce a support order, modify a child support
order, determine the controlling child support order or determine
parentage of a child;
2. Order an obligor to comply with a support order, specifying
the amount and the manner of compliance;
3. Order income withholding;
4. Determine the amount of any arrearages, and specify a method
of payment;
5. Enforce orders by civil or criminal contempt, or both;
6. Set aside property for satisfaction of the support order;
7. Place liens and order execution on the obligor's property;
8. Order an obligor to keep the tribunal informed of the
obligor's current residential address, electronic mail address,
telephone number, employer, address of employment, and telephone
number at the place of employment;
9. Issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and
enter the bench warrant in any local and state computer systems for
criminal warrants;
10. Order the obligor to seek appropriate employment by
specified methods;
11. Award reasonable attorney's fees and other fees and costs;
and
12. Grant any other available remedy.
C. A responding tribunal of this state shall include in a
support order issued pursuant to the Uniform Interstate Family
Support Act, or in the documents accompanying the order, the
calculations on which the support order is based.
D. A responding tribunal of this state may not condition the
payment of a support order issued under this act upon compliance by a
party with provisions for visitation.
E. If a responding tribunal of this state issues an order under
this act, the tribunal shall send a copy of the order to the
petitioner and the respondent and to the initiating tribunal, if any.
F. If requested to enforce a support order, arrears, or judgment
or modify a support order stated in a foreign currency, a responding
tribunal of this state shall convert the amount stated in the foreign
currency to the equivalent amount in dollars under the applicable
official or market exchange rate as publicly reported.
Added by Laws 1994, c. 160, § 18, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 6, eff. Sept. 1, 1997; Laws 2004, c. 367, § 15,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 19, eff. Nov. 1, 2015.
§43-601-306. Inappropriate tribunal.
If a petition or comparable pleading is received by an
inappropriate tribunal of this state, the tribunal shall forward the
pleading and accompanying documents to an appropriate tribunal in
D5*$+''&'%'5 +5( 682
this state or another state and notify the petitioner where and when
the pleading was sent.
Added by Laws 1994, c. 160, § 19, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 7, eff. Sept. 1, 1997; Laws 2004, c. 367, § 16,
eff. Nov. 1, 2004.
§43-601-307. Duties of support enforcement agency
A. A support enforcement agency of this state, upon request,
shall provide services to a petitioner in a proceeding under the
Uniform Interstate Family Support Act.
B. A support enforcement agency of this state that is providing
services to the petitioner shall:
1. Take all steps necessary to enable an appropriate tribunal of
this state, another state or a foreign country to obtain jurisdiction
over the respondent;
2. Request an appropriate tribunal to set a date, time, and
place for a hearing;
3. Make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties;
4. Within two (2) days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of notice in a record from an
initiating, responding, or registering tribunal, send a copy of the
notice to the petitioner;
5. Within two (2) days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of a communication in a record from the
respondent or the respondent's attorney, send a copy of the
communication to the petitioner; and
6. Notify the petitioner if jurisdiction over the respondent
cannot be obtained.
C. A support enforcement agency of this state that requests
registration of a child support order in this state for enforcement
or for modification shall make reasonable efforts:
1. To ensure that the order to be registered is the controlling
order; or
2. If two or more child support orders exist and the identity of
the controlling order has not been determined, to ensure that a
request for such a determination is made in a tribunal having
jurisdiction to do so.
D. A support enforcement agency of this state that requests
registration and enforcement of a support order, arrears, or judgment
stated in a foreign currency shall convert the amounts stated in the
foreign currency into the equivalent amounts in dollars under the
applicable official or market exchange rate as publicly reported.
E. A support enforcement agency of this state shall issue or
request a tribunal of this state to issue a child support order and
an income-withholding order that redirect payment of current support,
D5*$+''&'%'5 +5( 68
arrears, and interest if requested to do so by a support enforcement
agency of another state pursuant to Section 601-319 of this title.
F. The Uniform Interstate Family Support Act does not create or
negate a relationship of attorney and client or other fiduciary
relationship between a support enforcement agency or the attorney for
the agency and the individual being assisted by the agency.
Added by Laws 1994, c. 160, § 20, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 8, eff. Sept. 1, 1997; Laws 2004, c. 367, § 17,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 20, eff. Nov. 1, 2015; Laws
2016, c. 148, § 9, eff. Nov. 1, 2016.
§43-601-308. Powers of Attorney General.
A. If the Attorney General determines that the support
enforcement agency is neglecting or refusing to provide services to
an individual, the Attorney General may order the agency to perform
its duties under this act or may provide those services directly to
the individual.
B. The Attorney General may determine that a foreign country has
established a reciprocal arrangement for child support with this
state and take appropriate action for notification of the
determination.
Added by Laws 1994, c. 160, § 21, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 18, eff. Nov. 1, 2004; Laws 2015, c. 104, § 21,
eff. Nov. 1, 2015.
§43-601-309. Private counsel.
An individual may employ private counsel to represent the
individual in proceedings authorized by this act.
Added by Laws 1994, c. 160, § 22, eff. Sept. 1, 1994.
§43-601-310. Duties of state information agency.
A. The Child Support Enforcement Division of the Department of
Human Services is the state information agency under this act.
B. The state information agency shall:
1. Compile and maintain a current list, including addresses, of
the tribunals in this state which have jurisdiction under this act
and any support enforcement agencies in this state and transmit a
copy to the state information agency of every other state;
2. Maintain a register of names and addresses of tribunals and
support enforcement agencies received from other states;
3. Forward to the appropriate tribunal in the county in this
state in which the obligee who is an individual or the obligor
resides, or in which the obligor's property is believed to be
located, all documents concerning a proceeding under this act
received from another state or a foreign country; and
4. Obtain information concerning the location of the obligor and
the obligor's property within this state not exempt from execution,
D5*$+''&'%'5 +5( 68"
by such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental
records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver's licenses, and social security.
Added by Laws 1994, c. 160, § 23, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 19, eff. Nov. 1, 2004; Laws 2015, c. 104, § 22,
eff. Nov. 1, 2015.
§43-601-311. Petition - Contents and accompanying documents
A. In a proceeding under the Uniform Interstate Family Support
Act, a petitioner seeking to establish a support order, to determine
parentage of a child, or to register and modify a support order of a
tribunal of another state or a foreign country must file a petition.
Unless otherwise ordered under Section 601-312 of this title, the
petition or accompanying documents must provide, so far as known, the
name, residential address, and social security numbers of the obligor
and the obligee or the parent and alleged parent, and the name, sex,
residential address, social security number, and date of birth of
each child for whose benefit support is sought or whose parentage is
to be determined. Unless filed at the time of registration, the
petition must be accompanied by a copy of any support order known to
have been issued by another tribunal. The petition may include any
other information that may assist in locating or identifying the
respondent.
B. The petition must specify the relief sought. The petition
and accompanying documents must conform substantially with the
requirements imposed by the forms mandated by federal law for use in
cases filed by a support enforcement agency.
Added by Laws 1994, c. 160, § 24, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 20, eff. Nov. 1, 2004; Laws 2015, c. 104, § 23,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 10, eff. Nov. 1, 2016.
§43-601-312. Sealing of information.
If a party alleges in an affidavit or a pleading under oath that
the health, safety, or liberty of a party or child would be
jeopardized by the disclosure of specific identifying information,
that information must be sealed and may not be disclosed to the other
party or the public. After a hearing in which a tribunal takes into
consideration the health, safety, or liberty of the party or child,
the tribunal may order disclosure of information that the tribunal
determines to be in the interest of justice.
Added by Laws 1994, c. 160, § 25, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 21, eff. Nov. 1, 2004; Laws 2015, c. 104, § 24,
eff. Nov. 1, 2015.
D5*$+''&'%'5 +5( 68
§43-601-313. Costs and fees
A. The petitioner may not be required to pay a filing fee or
other costs.
B. If an obligee prevails, a responding tribunal of this state
may assess against an obligor filing fees, reasonable attorney's
fees, other costs, and necessary travel and other reasonable expenses
incurred by the obligee and the obligee's witnesses. The tribunal
may not assess fees, costs, or expenses against the obligee or the
support enforcement agency of either the initiating or the responding
state or foreign country, except as provided by other law.
Attorney's fees may be taxed as costs, and may be ordered paid
directly to the attorney, who may enforce the order in the attorney's
own name. Payment of support owed to the obligee has priority over
fees, costs and expenses.
C. The tribunal shall order the payment of costs and reasonable
attorney's fees if it determines that a hearing was requested
primarily for delay. In a proceeding under Article 6 of this title,
a hearing is presumed to have been requested primarily for delay if a
registered support order is confirmed or enforced without change.
Added by Laws 1994, c. 160, § 26, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 22, eff. Nov. 1, 2004; Laws 2015, c. 104, § 25,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 11, eff. Nov. 1, 2016.
§43-601-314. Limited immunity of petitioner
A. Participation by a petitioner in a proceeding under the
Uniform Interstate Family Support Act before a responding tribunal,
whether in person, by private attorney, or through services provided
by the support enforcement agency, does not confer personal
jurisdiction over the petitioner in another proceeding.
B. A petitioner is not amenable to service of civil process
while physically present in this state to participate in a proceeding
under the Uniform Interstate Family Support Act.
C. The immunity granted by this section does not extend to civil
litigation based on acts unrelated to a proceeding under the Uniform
Interstate Family Support Act committed by a party while physically
present in this state to participate in the proceeding.
Added by Laws 1994, c. 160, § 27, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 23, eff. Nov. 1, 2004; Laws 2016, c. 148, § 12,
eff. Nov. 1, 2016.
§43-601-315. Nonparentage as defense.
A party whose parentage of a child has been previously determined
by or pursuant to law may not plead nonparentage as a defense to a
proceeding under this act.
Added by Laws 1994, c. 160, § 28, eff. Sept. 1, 1994.
§43-601-316. Special rules of evidence and procedure
D5*$+''&'%'5 +5( 68
A. The physical presence of a nonresident party who is an
individual in a tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or the
rendition of a judgment determining parentage of a child.
B. An affidavit, a document substantially complying with
federally mandated forms, or a document incorporated by reference in
any of them, which would not be excluded under the hearsay rule if
given in person, is admissible in evidence if given under penalty of
perjury by a party or witness residing outside this state.
C. A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
D. Copies of bills for testing for parentage of a child, and for
prenatal and postnatal health care of the mother and child, furnished
to the adverse party at least ten (10) days before trial, are
admissible in evidence to prove the amount of the charges billed and
that the charges were reasonable, necessary, and customary.
E. Documentary evidence transmitted from outside this state to a
tribunal of this state by telephone, telecopier, or other electronic
means that do not provide an original record may not be excluded from
evidence on an objection based on the means of transmission.
F. In a proceeding under this act, a tribunal of this state
shall permit a party or witness residing outside this state to be
deposed or to testify under penalty of perjury by telephone,
audiovisual means, or other electronic means at a designated tribunal
or other location. A tribunal of this state shall cooperate with
other tribunals in designating an appropriate location for the
deposition or testimony.
G. If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating,
the trier of fact may draw an adverse inference from the refusal.
H. A privilege against disclosure of communications between
spouses does not apply in a proceeding under this act.
I. The defense of immunity based on the relationship of husband
and wife or parent and child does not apply in a proceeding under
this act.
J. A voluntary acknowledgment of paternity, certified as a true
copy, is admissible to establish parentage of the child.
Added by Laws 1994, c. 160, § 29, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 24, eff. Nov. 1, 2004; Laws 2015, c. 104, § 26,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 13, eff. Nov. 1, 2016.
§43-601-317. Communications between tribunals
A tribunal of this state may communicate with a tribunal outside
this state in a record or by telephone, electronic mail or other
means, to obtain information concerning the laws, the legal effect of
D5*$+''&'%'5 +5( 684
a judgment, decree or order of that tribunal and the status of a
proceeding. A tribunal of this state may furnish similar information
by similar means to a tribunal outside this state.
Added by Laws 1994, c. 160, § 30, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 25, eff. Nov. 1, 2004; Laws 2015, c. 104, § 27,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 14, eff. Nov. 1, 2016.
§43-601-318. Assistance with discovery.
A tribunal of this state may:
1. Request a tribunal outside this state to assist in obtaining
discovery; and
2. Upon request, compel a person over which it has jurisdiction
to respond to a discovery order issued by a tribunal outside this
state.
Added by Laws 1994, c. 160, § 31, eff. Sept. 1, 1994. Amended by
Laws 2015, c. 104, § 28, eff. Nov. 1, 2015.
§43-601-319. Receipt and disbursement of payments - Payment to
enforcement agency of another state or foreign country - Certified
statement.
A. A support enforcement agency or tribunal of this state shall
disburse promptly any amounts received pursuant to a support order,
as directed by the order. The agency or tribunal shall furnish to a
requesting party or tribunal of another state or a foreign country a
certified statement by the custodian of the record of the amounts and
dates of all payments received.
B. If neither the obligor, nor the obligee who is an individual,
nor the child resides in this state, upon request from the support
enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall:
1. Direct that the support payment be made to the support
enforcement agency in the state in which the obligee is receiving
services; and
2. Issue and send to the obligor's employer a conforming income-
withholding order or an administrative notice of change of payee,
reflecting the redirected payments.
C. The support enforcement agency of this state receiving
redirected payments from another state pursuant to a law similar to
subsection B of this section shall furnish to a requesting party or
tribunal of the other state a certified statement by the custodian of
the record of the amount and dates of all payments received.
Added by Laws 1994, c. 160, § 32, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 26, eff. Nov. 1, 2004; Laws 2015, c. 104, § 29,
eff. Nov. 1, 2015.
§43-601-401. Petition to establish support order.
D5*$+''&'%'5 +5( 687
A. If a support order entitled to recognition under this act has
not been issued, a responding tribunal of this state, with personal
jurisdiction over the parties, may issue a support order if:
1. The individual seeking the order resides outside this state;
or
2. The support enforcement agency seeking the order is located
outside this state.
B. The tribunal may issue a temporary child support order if the
tribunal determines that such an order is appropriate and the
individual ordered to pay is:
1. A presumed father of the child;
2. Petitioning to have his paternity adjudicated;
3. Identified as the father of the child through genetic
testing;
4. An alleged father who has declined to submit to genetic
testing;
5. Shown by clear and convincing evidence to be the father of
the child;
6. An acknowledged father as provided by Section 1-311.3 of
Title 63 of the Oklahoma Statutes;
7. The mother of the child; or
8. An individual who has been ordered to pay child support in a
previous proceeding and the order has not been reversed or vacated.
C. Upon finding, after notice and opportunity to be heard, that
an obligor owes a duty of support, the tribunal shall issue a support
order directed to the obligor and may issue other orders pursuant to
Section 601-305 of this title.
Added by Laws 1994, c. 160, § 33, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 27, eff. Nov. 1, 2004; Laws 2015, c. 104, § 30,
eff. Nov. 1, 2015.
§43-601-402. Responding tribunal.
A tribunal of this state authorized to determine parentage of a
child may serve as a responding tribunal in a proceeding to determine
parentage of a child brought under this act or a law or procedure
substantially similar to this act.
Added by Laws 2015, c. 104, § 31, eff. Nov. 1, 2015.
§43-601-501. Recognition of income-withholding order issued in
another state.
An income-withholding order issued in another state may be sent
by or on behalf of the obligee, or by the support enforcement agency,
to the person defined as the obligor's employer under the income-
withholding law of this state without first filing a petition or
comparable pleading or registering the order with a tribunal of this
state.
D5*$+''&'%'5 +5( 688
Added by Laws 1994, c. 160, § 34, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 9, eff. Sept. 1, 1997; Laws 2004, c. 367, § 28,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 32, eff. Nov. 1, 2015.
§43-601-502. Employer obligations.
A. Upon receipt of an income-withholding order, the obligor’s
employer shall immediately provide a copy of the order to the
obligor.
B. The employer shall treat an income-withholding order issued
in another state which appears regular on its face as if it had been
issued by a tribunal of this state.
C. Except as otherwise provided in subsection D of this section
and Section 601-503 of this title, the employer shall withhold and
distribute the funds as directed in the withholding order by
complying with the terms of the order which specify:
1. The duration and amount of periodic payments of current child
support, stated as a sum certain;
2. The person designated to receive payments and the address to
which the payments are to be forwarded;
3. Medical support, whether in the form of periodic cash
payment, stated as a sum certain, or ordering the obligor to provide
health insurance coverage for the child under a policy available
through the obligor’s employment;
4. The amount of periodic payments of fees and costs for a
support enforcement agency, the issuing tribunal, and the obligee’s
attorney, stated as sum certain; and
5. The amount of periodic payments of arrearages and interest on
arrearages, stated as sums certain.
D. An employer shall comply with the law of the state of the
obligor’s principal place of employment for withholding from income
with respect to:
1. The employer’s fee for processing an income-withholding
order;
2. The maximum amount permitted to be withheld from the
obligor’s income; and
3. The times within which the employer must implement the
withholding order and forward the child support payment.
Added by Laws 1994, c. 160, § 35, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 10, eff. Sept. 1, 1997; Laws 2004, c. 367, § 29,
eff. Nov. 1, 2004.
§43-601-503. Two or more income-withholding orders.
If an obligor's employer receives two or more income-withholding
orders with respect to the earnings of the same obligor, the employer
satisfies the terms of the orders if the employer complies with the
law of the state of the obligor's principal place of employment to
D5*$+''&'%'5 +5( 68!
establish the priorities for withholding and allocating income
withheld for two or more child support obligees.
Added by Laws 1997, c. 360, § 11, eff. Sept. 1, 1997. Amended by
Laws 2004, c. 367, § 30, eff. Nov. 1, 2004; Laws 2015, c. 104, § 33,
eff. Nov. 1, 2015.
§43-601-504. Employer's civil liability limited.
An employer that complies with an income-withholding order issued
in another state in accordance with this article is not subject to
civil liability to an individual or agency with regard to the
employer's withholding of child support from the obligor's income.
Added by Laws 1997, c. 360, § 12, eff. Sept. 1, 1997. Amended by
Laws 2015, c. 104, § 34, eff. Nov. 1, 2015.
§43-601-505. Willful noncompliance
An employer that willfully fails to comply with an income-
withholding order issued in another state and received for
enforcement is subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.
Added by Laws 1997, c. 360, § 13, eff. Sept. 1, 1997. Amended by
Laws 2016, c. 148, § 15, eff. Nov. 1, 2016.
§43-601-506. Contest of order.
A. An obligor may contest the validity or enforcement of an
income-withholding order issued in another state and received
directly by an employer in this state by registering the order in a
tribunal of this state and filing a contest to that order as provided
in Article 6 of this title, or otherwise contesting the order in the
same manner as if the order had been issued by a tribunal of this
state.
B. The obligor shall give notice of the contest to:
1. A support enforcement agency providing services to the
obligee;
2. Each employer that has directly received an income-
withholding order relating to the obligor; and
3. The person designated to receive payments in the income-
withholding order or if no person is designated, to the obligee.
Added by Laws 1997, c. 360, § 14, eff. Sept. 1, 1997. Amended by
Laws 2004, c. 367, § 31, eff. Nov. 1, 2004; Laws 2015, c. 104, § 35,
eff. Nov. 1, 2015.
§43-601-507. Administrative enforcement of orders.
A. A party or support enforcement agency seeking to enforce a
support order or an income-withholding order, or both, issued in
another state or a foreign support order may send the documents
required for registering the order to a support enforcement agency of
this state.
D5*$+''&'%'5 +5( 68;
B. Upon receipt of the documents, the support enforcement
agency, without initially seeking to register the order, shall
consider and, if appropriate, use any administrative procedure
authorized by the law of this state to enforce a support order or an
income-withholding order, or both. If the obligor does not contest
administrative enforcement, the order need not be registered. If the
obligor contests the validity or administrative enforcement of the
order, the support enforcement agency shall register the order
pursuant to this act.
Added by Laws 1997, c. 360, § 15, eff. Sept. 1, 1997. Amended by
Laws 2004, c. 367, § 32, eff. Nov. 1, 2004; Laws 2015, c. 104, § 36,
eff. Nov. 1, 2015.
§43-601-601. Registration of order for enforcement.
A support order or an income-withholding order issued in another
state or a foreign support order may be registered in this state for
enforcement.
Added by Laws 1994, c. 160, § 36, eff. Sept. 1, 1994. Amended by
Laws 2015, c. 104, § 37, eff. Nov. 1, 2015.
§43-601-602. Procedure to register order for enforcement
A. Except as otherwise provided in Section 601-706 of this
title, a support order or income-withholding order of another state
or a foreign support order may be registered in this state by sending
the following records to the appropriate tribunal in this state:
1. A letter of transmittal to the tribunal requesting
registration and enforcement;
2. Two copies, including one certified copy, of the order to be
registered, including any modification of the order;
3. A sworn statement by the person requesting registration or a
certified statement by the custodian of the records showing the
amount of any arrearage;
4. The name of the obligor and, if known:
a. the obligor's address and social security number,
b. the name and address of the obligor's employer and any
other source of income of the obligor, and
c. a description and the location of property of the
obligor in this state not exempt from execution; and
5. Except as otherwise provided in Section 601-312 of this
title, the name and address of the obligee and, if applicable, the
person to whom support payments are to be remitted.
B. On receipt of a request for registration, the registering
tribunal shall cause the order to be filed as an order of a tribunal
of another state or a foreign support order, together with one copy
of the documents and information, regardless of their form.
C. A petition or comparable pleading seeking a remedy that must
be affirmatively sought under other law of this state may be filed at
D5*$+''&'%'5 +5( 6!2
the same time as the request for registration or later. The pleading
must specify the grounds for the remedy sought.
D. If two or more orders are in effect, the person requesting
registration shall:
1. Furnish to the tribunal a copy of every support order
asserted to be in effect in addition to the documents specified in
this section;
2. Specify the order alleged to be the controlling order, if
any; and
3. Specify the amount of consolidated arrears, if any.
E. A request for a determination of which is the controlling
order may be filed separately or with a request for registration and
enforcement or for registration and modification. The person
requesting registration shall give notice of the request to each
party whose rights may be affected by the determination.
Added by Laws 1994, c. 160, § 37, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 33, eff. Nov. 1, 2004; Laws 2015, c. 104, § 38,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 16, eff. Nov. 1, 2016.
§43-601-603. Effect of registration for enforcement.
A. A support order or income-withholding order issued in another
state or a foreign support order is registered when the order is
filed in the registering tribunal of this state.
B. A registered support order issued in another state or foreign
country is enforceable in the same manner and is subject to the same
procedures as an order issued by a tribunal of this state.
C. Except as otherwise provided in this act, a tribunal of this
state shall recognize and enforce, but may not modify, a registered
support order if the issuing tribunal had jurisdiction.
Added by Laws 1994, c. 160, § 38, eff. Sept. 1, 1994. Amended by
Laws 2015, c. 104, § 39, eff. Nov. 1, 2015.
§43-601-604. Law, procedures and remedies to be applied
A. Except as otherwise provided in subsection D of this section,
the law of the issuing state or a foreign country governs:
1. The nature, extent, amount, and duration of current payments
under a registered support order;
2. The computation and payment of arrearages and accrual of
interest on the arrearages under the support order; and
3. The existence and satisfaction of other obligations under the
support order.
B. In a proceeding for arrears under a registered support order,
the statute of limitation of this state or of the issuing state or
foreign country, whichever is longer, applies.
C. A responding tribunal of this state shall apply the
procedures and remedies of this state to enforce current support and
D5*$+''&'%'5 +5( 6!
collect arrears and interest due on a support order of another state
or foreign country registered in this state.
D. After a tribunal of this state or another state determines
which is the controlling order and issues an order consolidating
arrears, if any, a tribunal of this state shall prospectively apply
the law of the state or foreign country issuing the controlling
order, including its law on interest on arrears, on current and
future support, and on consolidated arrears.
Added by Laws 1994, c. 160, § 39, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 34, eff. Nov. 1, 2004; Laws 2015, c. 104, § 40,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 17, eff. Nov. 1, 2016.
§43-601-605. Notice of registration of order
A. When a support order or income-withholding order issued in
another state or a foreign support order is registered, the
registering tribunal of this state shall notify the nonregistering
party. The notice must be accompanied by a copy of the registered
order and the documents and relevant information accompanying the
order.
B. A notice must inform the nonregistering party:
1. That a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of
this state;
2. That a hearing to contest the validity or enforcement of the
registered order must be requested within twenty (20) days after
notice unless the registered order is under Section 601-707 of this
title;
3. That failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of
the order and enforcement of the order and the alleged arrearages;
and
4. Of the amount of any alleged arrearages.
C. If the registering party asserts that two or more orders are
in effect, a notice shall also:
1. Identify the two or more orders and the order alleged by the
registering party to be the controlling order and the consolidated
arrears, if any;
2. Notify the nonregistering party of the right to a
determination of which is the controlling order;
3. State that the procedures provided in subsection B of this
section apply to the determination of which is the controlling order;
and
4. State that failure to contest the validity or enforcement of
the order alleged to be the controlling order in a timely manner may
result in confirmation that the order is the controlling order.
D. Upon registration of an income-withholding order for
enforcement, the support enforcement agency or the registering
D5*$+''&'%'5 +5( 6!"
tribunal shall notify the obligor's employer pursuant to the income-
withholding law of this state.
Added by Laws 1994, c. 160, § 40, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 16, eff. Sept. 1, 1997; Laws 2004, c. 367, § 35,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 41, eff. Nov. 1, 2015; Laws
2016, c. 148, § 18, eff. Nov. 1, 2016.
§43-601-606. Procedure to contest validity or enforcement of
registered order
A. A nonregistering party seeking to contest the validity or
enforcement of a registered support order in this state shall request
a hearing within the time required by Section 601-605 of this title.
The nonregistering party may seek to vacate the registration, to
assert any defense to an allegation of noncompliance with the
registered support order, or to contest the remedies being sought or
the amount of any alleged arrearages pursuant to Section 601-607 of
this title.
B. If the nonregistering party fails to contest the validity or
enforcement of the registered support order in a timely manner, the
order is confirmed by operation of law.
C. If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered support order, the
registering tribunal shall schedule the matter for hearing and give
notice to the parties of the date, time, and place of the hearing.
Added by Laws 1994, c. 160, § 41, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 17, eff. Sept. 1, 1997; Laws 2015, c. 104, § 42,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 19, eff. Nov. 1, 2016.
§43-601-607. Contest of registration or enforcement
A. A party contesting the validity or enforcement of a
registered support order or seeking to vacate the registration has
the burden of proving one or more of the following defenses:
1. The issuing tribunal lacked personal jurisdiction over the
contesting party;
2. The order was obtained by fraud;
3. The order has been vacated, suspended, or modified by a later
order;
4. The issuing tribunal has stayed the order pending appeal;
5. There is a defense under the law of this state to the remedy
sought;
6. Full or partial payment has been made;
7. The statute of limitation under Section 601-604 of this title
precludes enforcement of some or all of the alleged arrearages; or
8. The alleged controlling order is not the controlling order.
B. If a party presents evidence establishing a full or partial
defense under subsection A of this section, a tribunal may stay
enforcement of a registered support order, continue the proceeding to
D5*$+''&'%'5 +5( 6!
permit production of additional relevant evidence, and issue other
appropriate orders. An uncontested portion of the registered support
order may be enforced by all remedies available under the law of this
state.
C. If the contesting party does not establish a defense under
subsection A of this section to the validity or enforcement of a
registered support order, the registering tribunal shall issue an
order confirming the order.
Added by Laws 1994, c. 160, § 42, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 36, eff. Nov. 1, 2004; Laws 2015, c. 104, § 43,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 20, eff. Nov. 1, 2016.
§43-601-608. Confirmed order.
Confirmation of a registered support order, whether by operation
of law or after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted at the
time of registration.
Added by Laws 1994, c. 160, § 43, eff. Sept. 1, 1994. Amended by
Laws 2015, c. 104, § 44, eff. Nov. 1, 2015.
§43-601-609. Procedure to register child support order of another
state for modification.
A party or support enforcement agency seeking to modify, or to
modify and enforce, a child support order issued in another state
shall register that order in this state in the same manner provided
in Sections 601-601 through 601-608 of this article if the order has
not been registered. A petition for modification may be filed at the
same time as a request for registration or later. The pleading must
specify the grounds for modification.
Added by Laws 1994, c. 160, § 44, eff. Sept. 1, 1994. Amended by
Laws 2015, c. 104, § 45, eff. Nov. 1, 2015.
§43-601-610. Effect of registration for modification.
A tribunal of this state may enforce a child support order of
another state registered for purposes of modification, in the same
manner as if the order had been issued by a tribunal of this state,
but the registered support order may be modified only if the
requirements of Section 601-611 or 601-613 have been met.
Added by Laws 1994, c. 160, § 45, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 37, eff. Nov. 1, 2004; Laws 2015, c. 104, § 46,
eff. Nov. 1, 2015.
§43-601-611. Modification of child support order of another state
A. If Section 601-613 of this title does not apply, upon
petition a tribunal of this state may modify a child support order
issued in another state which is registered in this state if, after
notice and hearing, the tribunal finds that:
D5*$+''&'%'5 +5( 6!
1. The following requirements are met:
a. neither the child, nor the obligee who is an
individual, nor the obligor resides in the issuing
state,
b. a petitioner who is a nonresident of this state seeks
modification, and
c. the respondent is subject to the personal jurisdiction
of the tribunal of this state; or
2. This state is the residence of the child, or a party who is
an individual is subject to the personal jurisdiction of the tribunal
of this state, and all of the parties who are individuals have filed
consents in a record in the issuing tribunal for a tribunal of this
state to modify the support order and assume continuing, exclusive
jurisdiction.
B. Modification of a registered child support order is subject
to the same requirements, procedures, and defenses that apply to the
modification of an order issued by a tribunal of this state and the
order may be enforced and satisfied in the same manner.
C. A tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state, including the duration of the obligation of support. If two
or more tribunals have issued child support orders for the same
obligor and same child, the order that controls and must be so
recognized under Section 601-207 of this title establishes the
aspects of the support order which are nonmodifiable.
D. In a proceeding to modify a child support order, the law of
the state that is determined to have issued the initial controlling
order governs the duration of the obligation of support. The
obligor's fulfillment of the duty of support established by such
order precludes imposition of a further obligation of support by a
tribunal of this state.
E. On issuance of an order by a tribunal of this state modifying
a child support order issued in another state, the tribunal of this
state becomes the tribunal having continuing, exclusive jurisdiction.
F. Notwithstanding subsections (a) through (e) and subsection B
of Section 601- 201 of this title, a tribunal of this state retains
jurisdiction to modify an order issued by a tribunal of this state
if:
1. One party resides in another state; and
2. The other party resides outside the United States.
Added by Laws 1994, c. 160, § 46, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 360, § 18, eff. Sept. 1, 1997; Laws 2004, c. 367, § 38,
eff. Nov. 1, 2004; Laws 2015, c. 104, § 47, eff. Nov. 1, 2015; Laws
2016, c. 148, § 21, eff. Nov. 1, 2016.
§43-601-612. Recognition of order modified in another state.
D5*$+''&'%'5 +5( 6!4
If a child support order issued by a tribunal of this state is
modified by a tribunal of another state which assumed jurisdiction
pursuant to the Uniform Interstate Family Support Act, a tribunal of
this state:
1. May enforce its order that was modified only as to arrears
and interest accruing before the modification;
2. May provide appropriate relief for violations of its order
which occurred before the effective date of the modification; and
3. Shall recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
Added by Laws 1994, c. 160, § 47, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 39, eff. Nov. 1, 2004.
§43-601-613. Jurisdiction - Applicability of provisions
A. If all of the parties who are individuals reside in this
state and the child does not reside in the issuing state, a tribunal
of this state has jurisdiction to enforce and to modify the issuing
state's child support order in a proceeding to register that order.
B. A tribunal of this state exercising jurisdiction under this
section shall apply the provisions of Articles 1 and 2, this article
and the procedural and substantive law of this state to the
proceeding for enforcement or modification. Articles 3, 4, 5, 7, and
8 do not apply.
Added by Laws 1997, c. 360, § 19, eff. Sept. 1, 1997. Amended by
Laws 2004, c. 367, § 40, eff. Nov. 1, 2004; Laws 2015, c. 104, § 48,
eff. Nov. 1, 2015; Laws 2016, c. 148, § 22, eff. Nov. 1, 2016.
§43-601-614. Filing of modified child support order.
Within thirty (30) days after issuance of a modified child
support order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal that had
continuing, exclusive jurisdiction over the earlier order, and in
each tribunal in which the party knows the earlier order has been
registered. A party who obtains the order and fails to file a
certified copy is subject to appropriate sanctions by a tribunal in
which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the modified order of
the new tribunal having continuing, exclusive jurisdiction.
Added by Laws 1997, c. 360, § 20, eff. Sept. 1, 1997. Amended by
Laws 2015, c. 104, § 49, eff. Nov. 1, 2015.
§43-601-615. Modification of order made by foreign country that
lacks or does not exercise jurisdiction
A. Except as otherwise provided in Section 601-711 of this
title, if a foreign country lacks or refuses to exercise jurisdiction
to modify its child support order pursuant to its laws, a tribunal of
this state may assume jurisdiction to modify the child support order
D5*$+''&'%'5 +5( 6!7
and bind all individuals subject to the personal jurisdiction of the
tribunal whether the consent to modification of a child support order
otherwise required of the individual pursuant to Section 601-611 of
this title has been given or whether the individual seeking
modification is a resident of this state or of the foreign country.
B. An order issued by a tribunal of this state modifying a
foreign child support order pursuant to this section is the
controlling order.
Added by Laws 2004, c. 367, § 41, eff. Nov. 1, 2004. Amended by Laws
2015, c. 104, § 50, eff. Nov. 1, 2015; Laws 2016, c. 148, § 23, eff.
Nov. 1, 2016.
§43-601-616. Registration of foreign child support orders - Petition
for modification.
A party or support enforcement agency seeking to modify or to
modify and enforce a foreign child support order not under the
Convention may register that order in this state under Sections 601-
601 through 601-608 if the order has not been registered. A petition
for modification may be filed at the same time as a request for
registration or at another time. The petition must specify the
grounds for modification.
Added by Laws 2015, c. 104, § 51, eff. Nov. 1, 2015.
§43-601-701. Definitions
In this article:
1. "Application" means a request under the Convention by an
obligee or obligor or on behalf of a child made through a central
authority for assistance from another central authority;
2. "Central authority" means the entity designated by the United
States or a foreign country described in paragraph d of subsection 5
of Section 601-102 of this title to perform the functions specified
in the Convention;
3. "Convention support order" means a support order of a
tribunal of a foreign country described in paragraph d of subsection
5 of Section 601-102 of this title;
4. "Direct request" means a petition filed by an individual in a
tribunal of this state in a proceeding involving an obligee, obligor,
or child residing outside the United States;
5. "Foreign central authority" means the entity designated by a
foreign country described in paragraph d of subsection 5 of Section
601-102 of this title to perform the functions specified in the
Convention;
6. "Foreign support agreement":
a. means an agreement for support in a record that:
(1) is enforceable as a support order in the country
of origin,
(2) has been:
D5*$+''&'%'5 +5( 6!8
(a) formally drawn up or registered as an
authentic instrument by a foreign tribunal,
or
(b) authenticated by or concluded, registered or
filed with a foreign tribunal,
(3) may be reviewed and modified by a foreign
tribunal, and
b. includes a maintenance arrangement or authentic
instrument under the convention; and
7. "United States central authority" means the Secretary of the
United States Department of Health and Human Services.
Added by Laws 1994, c. 160, § 48, eff. Sept. 1, 1994. Amended by
Laws 1995, c. 273, § 2, emerg. eff. May 25, 1995; Laws 2004, c. 367,
§ 42, eff. Nov. 1, 2004; Laws 2015, c. 104, § 52, eff. Nov. 1, 2015;
Laws 2016, c. 148, § 24, eff. Nov. 1, 2016.
§43-601-702. Application of article.
This article applies only to a support proceeding under the
convention. In such a proceeding, if a provision of this article is
inconsistent with Articles 1 through 6, this article controls.
Added by Laws 2015, c. 104, § 53, eff. Nov. 1, 2015.
§43-601-703. Department of Human Services as designated agency.
The Department of Human Services of this state is recognized as
the agency designated by the United States central authority to
perform specific functions under the convention.
Added by Laws 2015, c. 104, § 54, eff. Nov. 1, 2015.
§43-601-704. Duties of Department of Human Services
A. In a support proceeding under this article, the Oklahoma
Department of Human Services of this state shall:
1. Transmit and receive applications; and
2. Initiate or facilitate the institution of a proceeding
regarding an application in a tribunal of this state.
B. The following support proceedings are available to an obligee
under the Convention:
1. Recognition or recognition and enforcement of a foreign
support order;
2. Enforcement of a support order issued or recognized in this
state;
3. Establishment of a support order if there is no existing
order, including, if necessary, determination of parentage of a
child;
4. Establishment of a support order if recognition of a foreign
support order is refused under paragraphs 2, 4 or 9 of subsection B
of Section 601-708 of this title;
D5*$+''&'%'5 +5( 6!!
5. Modification of a support order of a tribunal of this state;
and
6. Modification of a support order of a tribunal of another
state or a foreign country.
C. The following support proceedings are available under the
convention to an obligor against which there is an existing support
order:
1. Recognition of an order suspending or limiting enforcement of
an existing support order of a tribunal of this state;
2. Modification of a support order of a tribunal of this state;
and
3. Modification of a support order of a tribunal of another
state or a foreign country.
D. A tribunal of this state may not require security, bond or
deposit, however described, to guarantee the payment of costs and
expenses in proceedings under the convention.
Added by Laws 2015, c. 104, § 55, eff. Nov. 1, 2015. Amended by Laws
2016, c. 148, § 25, eff. Nov. 1, 2016.
§43-601-705. Direct request for establishment or modification -
Direct request for recognition and enforcement
A. A petitioner may file a direct request seeking establishment
or modification of a support order or determination of parentage of a
child. In the proceeding, the law of this state applies.
B. A petitioner may file a direct request seeking recognition
and enforcement of a support order or support agreement. In the
proceeding, Sections 601-706 through 601-713 of this title apply.
C. In a direct request for recognition and enforcement of a
Convention support order or foreign support agreement:
1. A security, bond or deposit is not required to guarantee the
payment of costs and expenses; and
2. An obligee or obligor that in the issuing country has
benefited from free legal assistance is entitled to benefit, at least
to the same extent, from any free legal assistance provided for by
the law of this state under the same circumstances.
D. A petitioner filing a direct request is not entitled to
assistance from the Oklahoma Department of Human Services.
E. This article does not prevent the application of laws of this
state that provide simplified, more expeditious rules regarding a
direct request for recognition and enforcement of a foreign support
order or foreign support agreement.
Added by Laws 2015, c. 104, § 56, eff. Nov. 1, 2015. Amended by Laws
2016, c. 148, § 26, eff. Nov. 1, 2016.
§43-601-706. Registration of support order.
A. Except as otherwise provided in this article, a party who is
an individual or a support enforcement agency seeking recognition of
D5*$+''&'%'5 +5( 6!;
a convention support order shall register the order in this state as
provided in Article 6.
B. Notwithstanding Sections 601-311 and subparagraph a of
Section 601-602 of Title 43 of the Oklahoma Statutes, a request for
registration of a Convention support order must be accompanied by:
1. A complete text of the support order or an abstract or
extract of the support order drawn up by the issuing foreign
tribunal, which may be in the form recommended by the Hague
Conference on Private International Law;
2. A record stating that the support order is enforceable in the
issuing country;
3. If the respondent did not appear and was not represented in
the proceedings in the issuing country, a record attesting, as
appropriate, either that the respondent had proper notice of the
proceedings and an opportunity to be heard or that the respondent had
proper notice of the support order and an opportunity to be heard in
a challenge or appeal on fact or law before a tribunal;
4. A record showing the amount of arrears, if any, and the date
the amount was calculated;
5. A record showing a requirement for automatic adjustment of
the amount of support, if any, and the information necessary to make
the appropriate calculations; and
6. If necessary, a record showing the extent to which the
applicant received free legal assistance in the issuing country.
C. A request for registration of a convention support order may
seek recognition and partial enforcement of the order.
D. A tribunal of this state may vacate the registration of a
Convention support order without the filing of a contest under
Section 601-707 of Title 43 of the Oklahoma Statutes only if, acting
on its own motion, the tribunal finds that recognition and
enforcement of the order would be manifestly incompatible with public
policy.
E. The tribunal shall promptly notify the parties of the
registration or the order vacating the registration of a convention
support order.
Added by Laws 2015, c. 104, § 57, eff. Nov. 1, 2015.
§43-601-707. Contest of a registered convention support order.
A. Except as otherwise provided in this article, Sections 601-
605 through 601-608 of Title 43 of the Oklahoma Statutes apply to a
contest of a registered convention support order.
B. A party contesting a registered convention support order
shall file a contest not later than thirty (30) days after notice of
the registration, but if the contesting party does not reside in the
United States, the contest must be filed not later than sixty (60)
days after notice of the registration.
D5*$+''&'%'5 +5( 6;2
C. If the nonregistering party fails to contest the registered
convention support order by the time specified in subsection B of
this section, the order is enforceable.
D. A contest of a registered convention support order may be
based only on grounds set forth in Section 601-708 of Title 43 of the
Oklahoma Statutes. The contesting party bears the burden of proof.
E. In a contest of a registered convention support order, a
tribunal of this state:
1. Is bound by the findings of fact on which the foreign
tribunal based its jurisdiction; and
2. May not review the merits of the order.
F. A tribunal of this state deciding a contest of a registered
convention support order shall promptly notify the parties of its
decision.
G. A challenge or appeal, if any, does not stay the enforcement
of a convention support order unless there are exceptional
circumstances.
Added by Laws 2015, c. 104, § 58, eff. Nov. 1, 2015.
§43-601-708. Recognition and enforcement of registered convention
support orders - Exceptions
A. Except as otherwise provided in subsection B of this section,
a tribunal of this state shall recognize and enforce a registered
convention support order.
B. The following grounds are the only grounds on which a
tribunal of this state may refuse recognition and enforcement of a
registered convention support order:
1. Recognition and enforcement of the order is manifestly
incompatible with public policy, including the failure of the issuing
tribunal to observe minimum standards of due process, which include
notice and an opportunity to be heard;
2. The issuing tribunal lacked personal jurisdiction consistent
with Section 601-201 of this title;
3. The order is not enforceable in the issuing country;
4. The order was obtained by fraud in connection with a matter
of procedure;
5. A record transmitted in accordance with Section 601-706 of
this title lacks authenticity or integrity;
6. A proceeding between the same parties and having the same
purpose is pending before a tribunal of this state and that
proceeding was the first to be filed;
7. The order is incompatible with a more recent support order
involving the same parties and having the same purpose if the more
recent support order is entitled to recognition and enforcement under
the Uniform Interstate Family Support Act in this state;
8. Payment, to the extent alleged arrears have been paid in
whole or in part;
D5*$+''&'%'5 +5( 6;
9. In a case in which the respondent neither appeared nor was
represented in the proceeding in the issuing foreign country:
a. if the law of that country provides for prior notice of
proceedings, the respondent did not have proper notice
of the proceedings and an opportunity to be heard, or
b. if the law of that country does not provide for prior
notice of the proceedings, the respondent did not have
proper notice of the order and an opportunity to be
heard in a challenge or appeal on fact or law before a
tribunal, or
10. The order was made in violation of Section 601-711 of this
title.
C. If a tribunal of this state does not recognize a convention
support order under paragraphs 2, 4 or 9 of subsection B of this
section:
1. The tribunal may not dismiss the proceeding without allowing
a reasonable time for a party to request the establishment of a new
convention support order; and
2. The Oklahoma Department of Human Services shall take all
appropriate measures to request a child support order for the obligee
if the application for recognition and enforcement was received under
Section 601-704 of this title.
Added by Laws 2015, c. 104, § 59, eff. Nov. 1, 2015. Amended by Laws
2016, c. 148, § 27, eff. Nov. 1, 2016.
§43-601-709. Severability of convention support orders.
If a tribunal of this state does not recognize and enforce a
convention support order in its entirety, it shall enforce any
severable part of the order. An application or direct request may
seek recognition and partial enforcement of a convention support
order.
Added by Laws 2015, c. 104, § 60, eff. Nov. 1, 2015.
§43-601-710. Recognition and enforcement of registered foreign
support agreements - Exceptions.
A. Except as otherwise provided in subsections C and D of this
section, a tribunal of this state shall recognize and enforce a
foreign support agreement registered in this state.
B. An application or direct request for recognition and
enforcement of a foreign support agreement must be accompanied by:
1. A complete text of the foreign support agreement; and
2. A record stating that the foreign support agreement is
enforceable as an order of support in the issuing country.
C. A tribunal of this state may vacate the registration of a
foreign support agreement only if, acting on its own motion, the
tribunal finds that recognition and enforcement would be manifestly
incompatible with public policy.
D5*$+''&'%'5 +5( 6;"
D. In a contest of a foreign support agreement, a tribunal of
this state may refuse recognition and enforcement of the agreement if
it finds:
1. Recognition and enforcement of the agreement is manifestly
incompatible with public policy;
2. The agreement was obtained by fraud or falsification;
3. The agreement is incompatible with a support order involving
the same parties and having the same purpose in this state, another
state or a foreign country if the support order is entitled to
recognition and enforcement under this act in this state; or
4. The record submitted under subsection B of this section lacks
authenticity or integrity.
E. A proceeding for recognition and enforcement of a foreign
support agreement must be suspended during the pendency of a
challenge to or appeal of the agreement before a tribunal of another
state or a foreign country.
Added by Laws 2015, c. 104, § 61, eff. Nov. 1, 2015.
§43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of
order.
A. A tribunal of this state may not modify a convention child
support order if the obligee remains a resident of the foreign
country where the support order was issued unless:
1. The obligee submits to the jurisdiction of a tribunal of this
state, either expressly or by defending on the merits of the case
without objecting to the jurisdiction at the first available
opportunity; or
2. The foreign tribunal lacks or refuses to exercise
jurisdiction to modify its support order or issue a new support
order.
B. If a tribunal of this state does not modify a convention
child support order because the order is not recognized in this
state, subsection C of Section 601-708 of Title 43 of the Oklahoma
Statutes applies.
Added by Laws 2015, c. 104, § 62, eff. Nov. 1, 2015.
§43-601-712. Permissible uses of personal information.
Personal information gathered or transmitted under this article
may be used only for the purposes for which it was gathered or
transmitted.
Added by Laws 2015, c. 104, § 63, eff. Nov. 1, 2015.
§43-601-713. English translation.
A record filed with a tribunal of this state under this article
must be in the original language and, if not in English, must be
accompanied by an English translation.
Added by Laws 2015, c. 104, § 64, eff. Nov. 1, 2015.
D5*$+''&'%'5 +5( 6;
§43-601-714. Renumbered as § 601-902 of this title by Laws 2016, c.
148, § 28, eff. Nov. 1, 2016.
§43-601-801. Grounds for rendition.
A. For purposes of this article, "governor" includes an
individual performing the functions of governor or the executive
authority of a state covered by this act.
B. The Governor of this state may:
1. Demand that the governor of another state surrender an
individual found in the other state who is charged criminally in this
state with having failed to provide for the support of an obligee; or
2. On the demand by the governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
C. A provision for extradition of individuals not inconsistent
with this act applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom.
Added by Laws 1994, c. 160, § 49, eff. Sept. 1, 1994.
§43-601-802. Condition of rendition.
A. Before making a demand that the governor of another state
surrender an individual charged criminally in this state with having
failed to provide for the support of an obligee, the Governor of this
state may require a prosecutor of this state to demonstrate that at
least sixty (60) days previously the obligee had initiated
proceedings for support pursuant to this act or that the proceeding
would be of no avail.
B. If, under this act or a law substantially similar to this
act, the governor of another state makes a demand that the Governor
of this state surrender an individual charged criminally in that
state with having failed to provide for the support of a child or
other individual to whom a duty of support is owed, the Governor may
require a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If
it appears that a proceeding would be effective but has not been
initiated, the Governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
C. If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the Governor may
decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order,
the Governor may decline to honor the demand if the individual is
complying with the support order.
Added by Laws 1994, c. 160, § 50, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 43, eff. Nov. 1, 2004.
D5*$+''&'%'5 +5( 6;
§43-601-901. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall
be given to the need to promote uniformity of the law with respect to
its subject matter among states that enact it.
Added by Laws 1994, c. 160, § 51, eff. Sept. 1, 1994. Amended by
Laws 2004, c. 367, § 44, eff. Nov. 1, 2004.
§43-601-902. Application of act
This act applies to proceedings begun on or after November 1,
2015, to establish a support order or determine parentage of a child
or to register, recognize, enforce or modify a prior support order,
determination or agreement whenever issued or entered.
Added by Laws 2015, c. 104, § 65, eff. Nov. 1, 2015. Renumbered from
§ 601-714 of this title by Laws 2016, c. 148, § 28, eff. Nov. 1,
2016.
§43-601-903. Severability of act.
If any provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other
provisions or applications of this act which can be given effect
without the invalid provision or application, and to this end the
provisions of this act are severable.
Added by Laws 2015, c. 104, § 66, eff. Nov. 1, 2015.
§43-700.1. Repealed by Laws 1999, c. 59, § 3, eff. July 1, 1999.
§43-700.2. Repealed by Laws 1999, c. 59, § 3, eff. July 1, 1999.
§43-700.3. Repealed by Laws 1999, c. 59, § 3, eff. July 1, 1999.
§43-700.4. Repealed by Laws 1999, c. 59, § 3, eff. July 1, 1999.
§43-700.5. Repealed by Laws 1999, c. 59, § 3, eff. July 1, 1999.
§43-700.6. Repealed by Laws 1999, c. 59, § 3, eff. July 1, 1999.
D5*$+''&'%'5 +5( 6;4
