{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-112.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-112.5","heading":"Custody or guardianship - Order of preference - Death of","body":"custodial parent - Preference of child - Evidence of domestic abuse\n\n- Registered sex offenders.\n\nA. Custody or guardianship of a child may be awarded to:\n\n1. A parent or to both parents jointly;\n\n2. A grandparent;\n\n3. A person who was indicated by the wishes of a deceased\n\nparent;\n\n4. A relative of either parent;\n\n5. The person in whose home the child has been living in a\n\nwholesome and stable environment including, but not limited to, a\n\nfoster parent; or\n\n6. Any other person deemed by the court to be suitable and able\n\nto provide adequate and proper care and guidance for the child.\n\nB. In applying subsection A of this section, a court shall\n\naward custody or guardianship of a child to a parent, unless a\n\nnonparent proves by clear and convincing evidence that:\n\n1. For a period of at least twelve (12) months out of the last\n\nfourteen (14) months immediately preceding the commencement of the\n\ncustody or guardianship proceeding, the parent has willfully failed,\n\nrefused, or neglected to contribute to the support of the child:\n\na. in substantial compliance with a support provision or\n\nan order entered by a court of competent jurisdiction\n\nadjudicating the duty, amount, and manner of support,\n\nor\n\nb. according to the financial ability of the parent to\n\ncontribute to the support of the child if no provision\n\nfor support is entered by a court of competent\n\njurisdiction, or an order of modification subsequent\n\nthereto.\n\nFor purposes of this paragraph, incidental or token financial\n\ncontributions shall not be considered in establishing whether a\n\nparent has satisfied his or her obligation under subparagraphs a and\n\nb of this paragraph; or\n\n2. a. the child has been left in the physical custody of a\n\nnonparent by a parent or parents of the child for one\n\n(1) year or more, excluding parents on active duty in\n\nthe military, and\n\nb. the parent or parents have not maintained regular\n\nvisitation or communication with the child.\n\nFor purposes of this paragraph, incidental or token visits or\n\ncommunications shall not be considered in determining whether a\n\nparent or parents have regularly maintained visitation or\n\ncommunication.\n\nC. In applying subsection A of this section, a court shall\n\naward custody or guardianship of a child to a parent, unless the\n\ncourt finds that the parent is affirmatively unfit. There shall be\n\na rebuttable presumption that a parent is affirmatively unfit if the\n\nparent:\n\n1. Is or has been subject to the registration requirements of\n\nthe Oklahoma Sex Offenders Registration Act or any similar act in\n\nany other state, except as provided in subsection D of this section;\n\n2. Has been convicted of a crime listed in Section 582 of Title\n\n57 of the Oklahoma Statutes;\n\n3. Is an alcohol-dependent person or a drug-dependent person as\n\nestablished by clear and convincing evidence and who can be expected\n\nin the near future to inflict or attempt to inflict serious bodily\n\nharm to himself or herself or another person as a result of such\n\ndependency;\n\n4. Has been convicted of domestic abuse within the past five\n. Is an alcohol-dependent person or a drug-dependent person as\n\nestablished by clear and convincing evidence and who can be expected\n\nin the near future to inflict or attempt to inflict serious bodily\n\nharm to himself or herself or another person as a result of such\n\ndependency;\n\n4. Has been convicted of domestic abuse within the past five\n\n(5) years;\n\n5. Is residing with a person who is or has been subject to the\n\nregistration requirements of the Oklahoma Sex Offenders Registration\n\nAct or any similar act in any other state;\n\n6. Is residing with a person who has been convicted of a crime\n\nlisted in Section 843.5 of Title 21 or in Section 582 of Title 57 of\n\nthe Oklahoma Statutes;\n\n7. Is residing with a person who has been convicted of domestic\n\nabuse within the past five (5) years; or\n\n8. Has been convicted of a crime listed in the Oklahoma Child\n\nAbuse Reporting and Prevention Act.\n\nD. In applying subsection A of this section, a court shall not\n\naward custody or guardianship of a child to any person who has been\n\nconvicted, whether upon a verdict or plea of guilty or upon a plea\n\nof nolo contendere, or received a suspended sentence or any\n\nprobationary term, or is currently serving a sentence or any form of\n\nprobation or parole in a court in any state of any of the following\n\ncrimes:\n\n1. Sexual abuse or sexual exploitation of a child, Section\n\n843.5 of Title 21 of the Oklahoma Statutes;\n\n2. Child endangerment, if the offense involved sexual abuse of\n\na child, Section 852.1 of Title 21 of the Oklahoma Statutes;\n\n3. Kidnapping, if the offense involved sexual abuse or sexual\n\nexploitation of a child, Section 741 of Title 21 of the Oklahoma\n\nStatutes;\n\n4. Incest, Section 885 of Title 21 of the Oklahoma Statutes;\n\n5. Forcible sodomy of a child, Section 888 of Title 21 of the\n\nOklahoma Statutes;\n\n6. Child stealing, if the offense involved sexual abuse or\n\nsexual exploitation, Section 891 of Title 21 of the Oklahoma\n\nStatutes;\n\n7. Procuring minors for participation in child sexual abuse\n\nmaterial, Section 1021.2 of Title 21 of the Oklahoma Statutes;\n\n8. Consent to participation of minors in child sexual abuse\n\nmaterial, Section 1021.3 of Title 21 of the Oklahoma Statutes;\n\n9. Facilitating, encouraging, offering or soliciting sexual\n\nconduct with a minor by use of technology, Section 1040.13a of Title\n\n21 of the Oklahoma Statutes;\n\n10. Distributing child sexual abuse material, Section 1040.13\n\nof Title 21 of the Oklahoma Statutes;\n\n11. Possession, purchase or procurement of child sexual abuse\n\nmaterial, Section 1024.2 of Title 21 of the Oklahoma Statutes;\n\n12. Aggravated possession of child sexual abuse material,\n\nSection 1040.12a of Title 21 of the Oklahoma Statutes;\n\n13. Procuring a child under eighteen (18) years of age for\n\nprostitution, Section 1087 of Title 21 of the Oklahoma Statutes;\n\n14. Inducing, keeping, detaining or restraining a child under\n\neighteen (18) years of age for prostitution, Section 1088 of Title\n\n21 of the Oklahoma Statutes;\n\n15. First degree rape, Section 1114 of Title 21 of the Oklahoma\n\nStatutes;\n\n16. Lewd or indecent proposals or acts to a child under sixteen\nr eighteen (18) years of age for\n\nprostitution, Section 1087 of Title 21 of the Oklahoma Statutes;\n\n14. Inducing, keeping, detaining or restraining a child under\n\neighteen (18) years of age for prostitution, Section 1088 of Title\n\n21 of the Oklahoma Statutes;\n\n15. First degree rape, Section 1114 of Title 21 of the Oklahoma\n\nStatutes;\n\n16. Lewd or indecent proposals or acts to a child under sixteen\n\n(16) years of age, Section 1123 of Title 21 of the Oklahoma\n\nStatutes; or\n\n17. Solicitation of minors in any crime provided in subsection\n\nB of Section 1021 of Title 21 of the Oklahoma Statutes.\n\nE. Subject to subsection F of this section, a custody\n\ndetermination made in accordance with subsections B and C of this\n\nsection shall not be modified unless the person seeking the\n\nmodification proves that:\n\n1. Since the making of the order sought to be modified, there\n\nhas been a permanent, material, and substantial change of conditions\n\nthat directly affects the best interests of the child; and\n\n2. That as a result of such change of circumstances, the child\n\nwould be substantially better off with regard to its temporal,\n\nmental, and moral welfare if custody were modified.\n\nF. If the custody determination made in accordance with\n\nsubsections B and C of this section indicates that custody is\n\ntemporary, the determination may be modified upon a showing that the\n\nconditions which led to the custody or guardianship determination no\n\nlonger exist.","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":"8372074f757fe0c364467f262a3253906711818d7c22dc04b8a3ec6bb35a1985","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-112.4","next":"us-ok/okla.-stat.-tit.-43-43-112.6"},"notice":"GroundRules: Original legal text. Not legal advice."}