{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-109","heading":"Awarding custody or appointing guardian - Joint custody –","body":"Domestic violence, stalking, or harassment – Court considerations.\n\nA. In awarding the custody of a minor unmarried child or in\n\nappointing a general guardian for the child, the court shall\n\nconsider what appears to be in the best interests of the physical\n\nand mental and moral welfare of the child.\n\nB. The court, pursuant to the provisions of subsection A of\n\nthis section, may grant the care, custody, and control of a child to\n\neither parent or to the parents jointly.\n\nFor the purposes of this section, the terms joint custody and\n\njoint care, custody, and control mean the sharing by parents in all\n\nor some of the aspects of physical and legal care, custody, and\n\ncontrol of their children.\n\nC. If either or both parents have requested joint custody, the\n\nparents shall file with the court their plans for the exercise of\n\njoint care, custody, and control of their child. The parents of the\n\nchild may submit a plan jointly, or either parent or both parents\n\nmay submit separate plans. Any plan shall include but is not\n\nlimited to provisions detailing the physical living arrangements for\n\nthe child, child support obligations, medical and dental care for\n\nthe child, school placement, and visitation rights. A plan shall be\n\naccompanied by an affidavit signed by each parent stating that the\n\nparent agrees to the plan and will abide by its terms. The plan and\n\naffidavit shall be filed with the petition for a divorce or legal\n\nseparation or after the petition is filed.\n\nD. The court shall issue a final plan for the exercise of joint\n\ncare, custody, and control of the child or children, based upon the\n\nplan submitted by the parents, separate or jointly, with appropriate\n\nchanges deemed by the court to be in the best interests of the\n\nchild. The court also may reject a request for joint custody and\n\nproceed as if the request for joint custody had not been made.\n\nE. The parents having joint custody of the child may modify the\n\nterms of the plan for joint care, custody, and control. The\n\nmodification to the plan shall be filed with the court and included\n\nwith the plan. If the court determines the modifications are in the\n\nbest interests of the child, the court shall approve the\n\nmodifications.\n\nF. The court also may modify the terms of the plan for joint\n\ncare, custody, and control upon the request of one parent. The\n\ncourt shall not modify the plan unless the modifications are in the\n\nbest interests of the child.\n\nG. 1. The court may terminate a joint custody decree upon the\n\nrequest of one or both of the parents or whenever the court\n\ndetermines the decree is not in the best interests of the child.\n\n2. Upon termination of a joint custody decree, the court shall\n\nproceed and issue a modified decree for the care, custody, and\n\ncontrol of the child as if no such joint custody decree had been\n\nmade.\n\nH. In the event of a dispute between the parents having joint\n\ncustody of a child as to the interpretation of a provision of the\n\nplan, the court may appoint an arbitrator to resolve the dispute.\n\nThe arbitrator shall be a disinterested person knowledgeable in\n\ndomestic relations law and family counseling. The determination of\n\nthe arbitrator shall be final and binding on the parties to the\n\nproceedings until further order of the court.\n\nIf a parent refuses to consent to arbitration, the court may\n\nterminate the joint custody decree.\n\nI. 1. In every proceeding in which there is a dispute as to\n\nthe custody of a minor child, a determination by the court that\n\nchild abuse, domestic violence, stalking, or harassment has occurred\n\nraises a rebuttable presumption that sole custody, joint legal or\n\nphysical custody, or any shared parenting plan with the perpetrator\n\nof child abuse, domestic violence, harassing or stalking behavior is\n\ndetrimental and not in the best interest of the child, and it is in\nody of a minor child, a determination by the court that\n\nchild abuse, domestic violence, stalking, or harassment has occurred\n\nraises a rebuttable presumption that sole custody, joint legal or\n\nphysical custody, or any shared parenting plan with the perpetrator\n\nof child abuse, domestic violence, harassing or stalking behavior is\n\ndetrimental and not in the best interest of the child, and it is in\n\nthe best interest of the child to reside with the parent who is not\n\na perpetrator of child abuse, domestic violence, harassing or\n\nstalking behavior.\n\n2. For the purposes of this subsection:\n\na. “child abuse” shall have the same meaning as “abuse”\n\nas defined pursuant to the Oklahoma Children’s Code in\n\nSection 1-1-105 of Title 10A of the Oklahoma Statutes,\n\nb. “domestic violence” means the threat of the infliction\n\nof physical injury, any act of physical harm or the\n\ncreation of a reasonable fear thereof, or the\n\nintentional infliction of emotional distress by a\n\nparent or a present or former member of the household\n\nof the child, against the child or another member of\n\nthe household including coercive control by a parent\n\ninvolving physical, sexual, psychological, emotional,\n\neconomic or financial abuse,\n\nc. “harassment” means a knowing and willful course or\n\npattern of conduct by a parent directed at another\n\nparent which seriously alarms or is a nuisance to the\n\nperson, and which serves no legitimate purpose\n\nincluding, but not limited to, harassing or obscene\n\ntelephone calls or conduct that would cause a\n\nreasonable person to have a fear of death or bodily\n\ninjury, and\n\nd. “stalking” means the willful course of conduct by a\n\nparent who repeatedly follows or harasses another\n\nperson as defined in Section 1173 of Title 21 of the\n\nOklahoma Statutes.\n\n3. If a parent is absent or relocates as a result of an act of\n\ndomestic violence by the other parent, the absence or relocation\n\nshall not be a factor that weighs against the parent in determining\n\ncustody or visitation.\n\n4. The court shall consider, as a primary factor, the safety\n\nand well-being of the child who is the victim of child abuse and of\n\nthe parent who is the victim of domestic violence, harassment, or\n\nstalking behavior, in addition to other facts regarding the best\n\ninterest of the child.\n\n5. The court shall consider the history of the parent causing\n\nphysical harm, bodily injury, assault, verbal threats, stalking, or\n\nharassing behavior, or the fear of physical harm, bodily injury, or\n\nassault to another person including the minor child, in determining\n\nissues regarding custody and visitation.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"960cb427a197965dad714d8e21a11dd0e19880cbc8a78ceaa24111a9c46c2f15","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-108","next":"us-ok/okla.-stat.-tit.-43-43-109.1"},"notice":"GroundRules: Original legal text. Not legal advice."}