{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-112","heading":"Care and custody of children","body":"A. A petition or cross-petition for a divorce, legal\n\nseparation, or annulment must state whether or not the parties have\n\nminor children of the marriage. If there are minor children of the\n\nmarriage, the court:\n\n1. Shall make provision for guardianship, custody, medical\n\ncare, support and education of the children;\n\n2. Unless not in the best interests of the children, may\n\nprovide for the visitation of the noncustodial parent with any of\n\nthe children of the noncustodial parent; and\n\n3. May modify or change any order whenever circumstances render\n\nthe change proper either before or after final judgment in the\n\naction; provided, that the amount of the periodic child support\n\npayment shall not be modified retroactively or payment of all or a\n\nportion of the past due amount waived, except by mutual agreement of\n\nthe obligor and obligee, or if the obligee has assigned child\n\nsupport rights to the Department of Human Services or other entity,\n\nby agreement of the Department or other entity. Unless the parties\n\nagree to the contrary, a completed child support computation form\n\nprovided for in Section 120 of this title shall be required to be\n\nfiled with the child support order.\n\nThe social security numbers of both parents and the child shall\n\nbe included on the child support order summary form provided for in\n\nSection 120 of this title, which shall be submitted to the Central\n\nCase Registry as provided for in Section 112A of this title with all\n\nchild support or paternity orders.\n\nB. In any action in which there are minor unmarried children in\n\nawarding or modifying the custody of the child or in appointing a\n\ngeneral guardian for the child, the court shall be guided by the\n\nprovisions of Section 112.5 of this title and shall consider what\n\nappears to be in the best interests of the child.\n\nC. 1. When it is in the best interests of a minor unmarried\n\nchild, the court shall:\n\na. assure children of frequent and continuing contact\n\nwith both parents after the parents have separated or\n\ndissolved their marriage, and\n\nb. encourage parents to share the rights and\n\nresponsibilities of child rearing in order to effect\n\nthis policy.\n\n2. There shall be neither a legal preference nor a presumption\n\nfor or against joint legal custody, joint physical custody, or sole\n\ncustody.\n\n3. When in the best interests of the child, custody shall be\n\nawarded in a way which assures the frequent and continuing contact\n\nof the child with both parents. When awarding custody to either\n\nparent, the court:\n\na. shall consider, among other facts, which parent is\n\nmore likely to allow the child or children frequent\n\nand continuing contact with the noncustodial parent,\n\nand\n\nb. shall not prefer a parent as a custodian of the child\n\nbecause of the gender of that parent.\n\n4. In any action, there shall be neither a legal preference or\n\na presumption for or against private or public school or home-\n\nschooling in awarding the custody of a child, or in appointing a\n\ngeneral guardian for the child.\n\n5. Notwithstanding any custody determination made pursuant to\n\nthe Oklahoma Children’s Code, when a parent of a child is required\n\nto be separated from a child due to military service, the court\n\nshall not enter a final order modifying an existing custody order\n\nuntil such time as the parent has completed the term of duty\n\nrequiring separation. For purposes of this paragraph:\n\na. in the case of a parent who is a member of the Army,\n\nNavy, Air Force, Marine Corps or Coast Guard, the term\n\n“military service” means a combat deployment,\n\ncontingency operation, or natural disaster requiring\n\nthe use of orders that do not permit any family member\n\nto accompany the member,\n\nb. in the case of a parent who is a member of the\n\nNational Guard, the term “military service” means\n\nservice under a call to active service authorized by\nArmy,\n\nNavy, Air Force, Marine Corps or Coast Guard, the term\n\n“military service” means a combat deployment,\n\ncontingency operation, or natural disaster requiring\n\nthe use of orders that do not permit any family member\n\nto accompany the member,\n\nb. in the case of a parent who is a member of the\n\nNational Guard, the term “military service” means\n\nservice under a call to active service authorized by\n\nthe President of the United States or the Secretary of\n\nDefense for a period of more than thirty (30)\n\nconsecutive days under 32 U.S.C. 502(f) for purposes\n\nof responding to a national emergency declared by the\n\nPresident and supported by federal funds. “Military\n\nservice” shall include any period during which a\n\nmember is absent from duty on account of sickness,\n\nwounds, leave or other lawful cause, and\n\nc. the court may enter a temporary custody or visitation\n\norder pursuant to the requirements of the Deployed\n\nParents Custody and Visitation Act.\n\n6. In making an order for custody, the court shall require\n\ncompliance with Section 112.3 of this title.\n\nD. 1. Except for good cause shown, a pattern of failure to\n\nallow court-ordered visitation may be determined to be contrary to\n\nthe best interests of the child and as such may be grounds for\n\nmodification of the child custody order.\n\n2. For any action brought pursuant to the provisions of this\n\nsection which the court determines to be contrary to the best\n\ninterests of the child, the prevailing party shall be entitled to\n\nrecover court costs, attorney fees and any other reasonable costs\n\nand expenses incurred with the action.\n\nE. Except as otherwise provided by Section 112.1A of this\n\ntitle, any child shall be entitled to support by the parents until\n\nthe child reaches eighteen (18) years of age. If a child is\n\nregularly enrolled in and attending high school, as set forth in\n\nSection 11-103.6 of Title 70 of the Oklahoma Statutes, other means\n\nof high school education, or an alternative high school education\n\nprogram as a full-time student, the child shall be entitled to\n\nsupport by the parents until the child graduates from high school or\n\nuntil the age of twenty (20) years, whichever occurs first. Full-\n\ntime attendance shall include regularly scheduled breaks from the\n\nschool year. No hearing or further order is required to extend\n\nsupport pursuant to this subsection after the child reaches the age\n\nof eighteen (18) years.\n\nF. In any case in which provision is made for the custody or\n\nsupport of a minor child or enforcement of such order and before\n\nhearing the matter or signing any orders, the court shall inquire\n\nwhether public assistance money or medical support has been provided\n\nby the Department of Human Services, hereafter referred to as the\n\nDepartment, for the benefit of each child. If public assistance\n\nmoney, medical support, or child support services under the state\n\nchild support plan as provided in Section 237 of Title 56 of the\n\nOklahoma Statutes have been provided for the benefit of the child,\n\nthe Department shall be a necessary party for the adjudication of\n\nthe debt due to the State of Oklahoma, as defined in Section 238 of\n\nTitle 56 of the Oklahoma Statutes, and for the adjudication of\n\npaternity, child support, and medical insurance coverage for the\n\nminor children in accordance with federal regulations. When an\n\naction is filed, the petitioner shall give the Department notice of\n\nthe action according to Section 2004 of Title 12 of the Oklahoma\n\nStatutes. The Department shall not be required to intervene in the\n\naction to have standing to appear and participate in the action.\n\nWhen the Department is a necessary party to the action, any orders\n\nconcerning paternity, child support, medical support, or the debt\n\ndue to the State of Oklahoma shall be approved and signed by the\n\nDepartment.\n\nG. In any case in which a child support order or custody order\nThe Department shall not be required to intervene in the\n\naction to have standing to appear and participate in the action.\n\nWhen the Department is a necessary party to the action, any orders\n\nconcerning paternity, child support, medical support, or the debt\n\ndue to the State of Oklahoma shall be approved and signed by the\n\nDepartment.\n\nG. In any case in which a child support order or custody order\n\nor both is entered, enforced or modified, the court may make a\n\ndetermination of the arrearages of child support.\n\nR.L. 1910, § 4968. Amended by Laws 1955, p. 142, § 1; Laws 1968, c.\n\n226, § 1; Laws 1969, c. 334, § 1, emerg. eff. May 8, 1969; Laws\n\n1973, c. 188, § 1; Laws 1974, c. 101, § 1, emerg. eff. April 30,\n\n1974; Laws 1979, c. 93, § 1, eff. Oct. 1, 1979; Laws 1985, c. 297, §\n\n16, operative Oct. 1, 1985; Laws 1987, c. 230, § 14, eff. Oct. 1,\n\n1987. Renumbered from § 1277 of Title 12 by Laws 1989, c. 333, § 1,\n\neff. Nov. 1, 1989. Amended by Laws 1990, c. 171, § 2, operative\n\nJuly 1, 1990; Laws 1990, c. 309, § 11, eff. Sept. 1, 1990; Laws\n\n1993, c. 307, § 1, emerg. eff. June 7, 1993; Laws 1994, c. 356, §\n\n12, eff. Sept. 1, 1994; Laws 1996, c. 131, § 10, eff. Jan. 1, 1997;","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":"77620dd3c8e45d99df1af7bcbce55b9646682de2fba123cba40c2fdbd2ad2bae","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-111.4","next":"us-ok/okla.-stat.-tit.-43-43-112.1a"},"notice":"GroundRules: Original legal text. Not legal advice."}