Child custody, often tied to divorce cases, is regulated by state laws, all of which have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA helps ensure that custody orders are enforced in any state, to discourage interstate kidnapping by non-custodial parents and other problems. Child custody laws also cover visitation, which all states provide to some degree, while custody and visitation decisions always must consider the child's own best interests.
Child Custody Laws in Oklahoma at a Glance
In the absence of an Oklahoma court's custody order, both parents (if child was born during marriage or there was a paternity agreement in place) may claim physical custody of the child until the court rules otherwise. State law is less clear with regard to unwed parents and child custody, but the father is entitled to physical custody if he is noted on the birth certificate (until the court rules otherwise).
The following chart lists additional details about Oklahoma's child custody laws. See FindLaw's extensive Child Custody section for more articles and resources.
|Code Section||Tit. 43 §112|
|Year Uniform Child Custody Act Adopted||1980|
|Types of Custody Available||
|Types of Visition Ordered by the Court||
|Grandparent Visitation Rights Recognized?||Yes, 10§5|
|Child's Own Wishes Considered?||Yes (either court determines whether the child's "intelligent preference" is being expressed or the court backs its decision to take child's wishes into consideration)|
Note: State laws are always subject to change, usually through higher court opinions or the passage of new legislation. Be sure to contact an Oklahoma child custody attorney or conduct your own legal research to verify the state law(s) you are researching.
Child Visitation Under Oklahoma Law
Oklahoma family courts generally follow the following principles when determining visitation rights of non-custodial parents:
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Oklahoma Child Custody Laws: Related Resources
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