Oklahoma Child Custody Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2024

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. 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.

This article provides a brief overview of child custody laws in the state of Oklahoma.

Child Custody Laws in Oklahoma: At a Glance

In the absence of an Oklahoma court's custody order, both parents (if the child was born during the 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 § 109 et seq. of the Oklahoma Statutes
Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted	1998
Joint Custody an Option?	Yes
Grandparent Visitation Rights Recognized?	Yes, § 109.4
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 the child's wishes into consideration)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Parenting Schedules Under Oklahoma Law

Oklahoma family courts generally follow the following principles when determining the parenting schedule between parents:

Children do best when both parents have a stable and meaningful involvement in their children's lives
Each parent has different and valuable contributions to make to their children's development
Absent a showing of harm, children should have structured, routine time as well as unstructured time with each parent
Parents who can mutually agree on visitation schedules, and who can agree to be flexible, should be given a preference over court-imposed solutions
Divorced/separated parents have an inherent obligation toward their children, including avoiding open conflict, maintaining consistent rules and values, adjusting schedules when necessary, etc.

Research the Law

Oklahoma Law
Official State Codes -- Links to the official online statutes (laws) in all 50 states and D.C.