best interests of the child for oklahoma

According to Oklahoma law, there is no predetermined list of considerations that the court must consider while deciding on a custody order. This implies that when deciding on a custody agreement between two parents, courts have a great deal of discretion on a case-by-case basis.

The court will examine the following factors on what appears to be in the child’s best interests when granting custody or appointing a general guardian: OK Stat § 43-109

  1. The safety and well-being of the child and of the parent who is the victim of domestic violence or stalking behavior;
  2. The history of the parent causing physical harm, bodily injury, assault, verbal threats, stalking, or harassing behavior, or the fear of physical harm, bodily injury, or assault to another person, including the minor child;
  3. Which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial parent;
  4. Evidence of domestic abuse, stalking and/or harassing behavior;
  5. Other relevant facts;

Neither the mother nor the father will automatically get preferential treatment. Rather than that, judges are likely to give joint custody to both parents unless there are compelling grounds not to.

The gender of a parent is not taken into account when making a decision. In the event of a custody dispute, a guardian ad litem may be appointed to advocate for the child and assist in determining what is in the child’s best interests.

Those who are convicted child abusers, individuals living with convicted child abusers, alcohol or drug-dependent, domestic abusers, or persons living with a domestic abuser are presumed not to be eligible for custody, legal guardianship, or unsupervised visitation.

Grandparent Visitation Rights

In line with Oklahoma Statues t § 43-109.4, any grandparent of an unmarried minor child may request and be granted reasonable visiting rights to the child if it is within the child’s best interest and/or there is convincing evidence that there is a showing of parental unfitness.

The court shall consider and, if asked, make specific findings of fact pertaining to the following factors:

  1. The needs of and importance to the child for a continuing preexisting relationship with the grandparent and the age and reasonable preference of the child;
  2. The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents;
  3. The length, quality and intimacy of the preexisting relationship between the child and the grandparent;
  4. The love, affection and emotional ties existing between the parent and child;
  5. The motivation and efforts of the grandparent to continue the preexisting relationship with the grandchild;
  6. The motivation of parent or parents denying visitation;
  7. The mental and physical health of the grandparent or grandparents;
  8. The mental and physical health of the child;
  9. The mental and physical health of the parent or parents;
  10. Whether the child is in a permanent, stable, satisfactory family unit and environment;
  11. The moral fitness of the parties;
  12. The character and behavior of any other person who resides in or frequents the homes of the parties and such person’s interactions with the child;
  13. The quantity of visitation time requested and the potential adverse impact the visitation will have on the customary activities of the child; and
  14. If both parents are dead, the benefit in maintaining the preexisting relationship.

No judge shall allow visitation to a grandparent if the child is a member of an intact nuclear family and both of the child’s parents oppose to the award of visitation.

Preference of Child

As in any custody or visitation case, stated in the Oklahoma Statutes § 43-113, if the judge believes it is in the child’s best interest, the child has the right to voice his/her preference as to which parent he/she prefers to have custody or about visiting limitations.

In Oklahoma, courts believe minors 12 and older are old enough to express themselves (but a parent can try to prevent this by showing evidence that the child is not mature enough).

Generally, if the judge believes that the child is mature enough to make an informed decision concerning custody, the judge will consider this (along with many other factors).