Title 43, Title 43 — Marriage and Family

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 proceed…

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 …

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 pa…

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 child, or a sibling or parent of the child, is…

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 …

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 commence…

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…

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 has engaged in unjustifiable conduct,…

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 l…

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 physi…

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 aga…

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. 4…

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 …

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 determinati…

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 documen…

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 ma…

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 Ar…

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 confirming registration must be attached to the petition. A copy of a certified copy of an order may be at…

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…

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 t…

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…

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 expens…

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…

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…

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 c…

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 thi…

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…

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.

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. …

Transfer Act. This act shall be known and may be cited as the “Uniform Unregulated Child Custody Transfer Act”. Added by Laws 2024, c. 83, § 1, eff. Nov. 1, 2024.

As used in this act: 1. “Child” means an unemancipated individual under eighteen (18) years of age; 2. “Child-placing agency” means a person with authority under the laws of this state to identify or place a child for adoption. Child-placing agency does not include a parent of th…

This act shall not apply to custody of an Indian child as defined in Section 4(4) of the Indian Child Welfare Act of 1978, 25 U.S.C. Section 1903(4), as amended, to the extent custody is governed by the Indian Child Welfare Act of 1978, 25 U.S.C. Sections 1901 through 1963, as am…

As used in this article: 1. “Guardian” means a person recognized as a guardian under the laws of this state; and 2. “Intermediary” means a person that assists or facilitates a transfer of custody of a child, regardless of whether the person receives compensation for such assistan…

The provisions of this article shall not apply to a transfer of custody of a child by a parent or guardian of the child to: 1. A parent of the child; 2. A stepparent of the child; 3. An adult who is related to the child by blood, marriage, adoption, or other relationship recogniz…

child. A. Except as provided in subsection B of this section, a parent or guardian of a child or an individual with whom a child has been placed for adoption may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the right…

A. If the Department of Human Services has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation of subsection A of Section 6 of this act, the Department may conduct a home visit and take appropriate action to protect the wel…

A. A person shall not solicit or advertise to: 1. Identify a person to which to make a transfer of custody in violation of subsection A of Section 6 of this act; 2. Identify a child for a transfer of custody in violation of subsection C of Section 6 of this act; or 3. Act as an i…

In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Added by Laws 2024, c. 83, § 9, eff. Nov. 1, 2024.

This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described…

This act shall be known and may be cited as the "Uniform Child Abduction Prevention Act". Added by Laws 2025, c. 95, § 1, eff. Nov. 1, 2025.

As used in this act: 1. "Abduction" means the wrongful removal or wrongful retention of a child; 2. "Child" means an unemancipated individual who is less than eighteen (18) years of age; 3. "Child custody determination" means a judgment, decree, or other court order providing for…

Enforcement Act. The provisions of the Uniform Child Custody Jurisdiction and Enforcement Act as provided in Sections 551-110, 551-111, and 551- 112 of Title 43 of the Oklahoma Statutes shall apply to cooperation and communications among courts in proceedings under this act. Adde…

A. A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. B. A party to a child custody determination or another individual or entity having a righ…

A. A petition under this act may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Section 551-201 et seq. of Title 43 of the Oklahoma Sta…

A petition under this act shall be verified and include a copy of any existing child custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in Section 7 of this act. Subject to subsection E of Secti…

A. In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: 1. Has previously abducted or attempted to abduct the child; 2. Has threatened to abduct the child; 3. Has recently engaged in acti…

conditions – Warrant for physical custody. A. If a petition is filed under this act, the court may enter an order that shall include: 1. The basis for the court's exercise of jurisdiction; 2. The manner in which notice and opportunity to be heard were given to the persons entitle…

A. If a petition under this act contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. B. The respondent on a petition und…

An abduction prevention order remains in effect until the earliest of the: 1. Time stated in the order; 2. Emancipation of the child; 3. Child attaining eighteen (18) years of age; or 4. Time the order is modified, revoked, vacated, or superseded by a court with jurisdiction unde…

In applying and construing the Uniform Child Abduction Prevention 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 2025, c. 95, § 11, eff. Nov. 1, 2025.