Title 43 — Title 43 — Marriage and Family

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, § 388…

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, to enter into the marriage relation, such judge or clerk shall require additional evid…

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 c…

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 petitio…

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…

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 con…

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 …

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 s…

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 petit…

43 O.S. § 107 Repealed by Laws 2002, c. 400, § 10, eff. Nov. 1, 2002

- 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 waiv…

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 eighte…

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…

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 tha…

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 c…

Domestic violence, stalking, or harassment – Court considerations. A. In awarding the custody of a minor unmarried child or in appointing a general guardian for the child, the court shall consider what appears to be in the best interests of the physical and mental and moral welfa…

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 …

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. I…

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 behav…

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…

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 o…

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 t…

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.

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 o…

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 …

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. Fo…

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 custo…

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 Ti…

– 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 betw…

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 gr…

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 und…

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 noncustod…

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 necessar…

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, suppor…

duties – Actions and jurisdiction. A. In this section: 1. “Adult child” means a child eighteen (18) years of age or older. 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 perio…

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 seek…

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, § …

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…

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.

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. …

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…

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.

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 ch…

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 w…

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 in…

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 pr…

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.…

income assignment. 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 bec…

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 Sc…

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 Departm…