Okla. Stat. tit. 43, § 43-109

Domestic violence, stalking, or harassment – Court considerations.

A. In awarding the custody of a minor unmarried child or in

appointing a general guardian for the child, the court shall

consider what appears to be in the best interests of the physical

and mental and moral welfare of the child.

B. The court, pursuant to the provisions of subsection A of

this section, may grant the care, custody, and control of a child to

either parent or to the parents jointly.

For the purposes of this section, the terms joint custody and

joint care, custody, and control mean the sharing by parents in all

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or some of the aspects of physical and legal care, custody, and

control of their children.

C. If either or both parents have requested joint custody, the

parents shall file with the court their plans for the exercise of

joint care, custody, and control of their child. The parents of the

child may submit a plan jointly, or either parent or both parents

may submit separate plans. Any plan shall include but is not

limited to provisions detailing the physical living arrangements for

the child, child support obligations, medical and dental care for

the child, school placement, and visitation rights. A plan shall be

accompanied by an affidavit signed by each parent stating that the

parent agrees to the plan and will abide by its terms. The plan and

affidavit shall be filed with the petition for a divorce or legal

separation or after the petition is filed.

D. The court shall issue a final plan for the exercise of joint

care, custody, and control of the child or children, based upon the

plan submitted by the parents, separate or jointly, with appropriate

changes deemed by the court to be in the best interests of the

child. The court also may reject a request for joint custody and

proceed as if the request for joint custody had not been made.

E. The parents having joint custody of the child may modify the

terms of the plan for joint care, custody, and control. The

modification to the plan shall be filed with the court and included

with the plan. If the court determines the modifications are in the

best interests of the child, the court shall approve the

modifications.

F. The court also may modify the terms of the plan for joint

care, custody, and control upon the request of one parent. The

court shall not modify the plan unless the modifications are in the

best interests of the child.

G. 1. The court may terminate a joint custody decree upon the

request of one or both of the parents or whenever the court

determines the decree is not in the best interests of the child.

2. Upon termination of a joint custody decree, the court shall

proceed and issue a modified decree for the care, custody, and

control of the child as if no such joint custody decree had been

made.

H. In the event of a dispute between the parents having joint

custody of a child as to the interpretation of a provision of the

plan, the court may appoint an arbitrator to resolve the dispute.

The arbitrator shall be a disinterested person knowledgeable in

domestic relations law and family counseling. The determination of

the arbitrator shall be final and binding on the parties to the

proceedings until further order of the court.

If a parent refuses to consent to arbitration, the court may

terminate the joint custody decree.

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I. 1. In every proceeding in which there is a dispute as to

the custody of a minor child, a determination by the court that

child abuse, domestic violence, stalking, or harassment has occurred

raises a rebuttable presumption that sole custody, joint legal or

physical custody, or any shared parenting plan with the perpetrator

of child abuse, domestic violence, harassing or stalking behavior is

detrimental and not in the best interest of the child, and it is in
ody of a minor child, a determination by the court that

child abuse, domestic violence, stalking, or harassment has occurred

raises a rebuttable presumption that sole custody, joint legal or

physical custody, or any shared parenting plan with the perpetrator

of child abuse, domestic violence, harassing or stalking behavior is

detrimental and not in the best interest of the child, and it is in

the best interest of the child to reside with the parent who is not

a perpetrator of child abuse, domestic violence, harassing or

stalking behavior.

2. For the purposes of this subsection:

a. “child abuse” shall have the same meaning as “abuse”

as defined pursuant to the Oklahoma Children’s Code in

Section 1-1-105 of Title 10A of the Oklahoma Statutes,

b. “domestic violence” means the threat of the infliction

of physical injury, any act of physical harm or the

creation of a reasonable fear thereof, or the

intentional infliction of emotional distress by a

parent or a present or former member of the household

of the child, against the child or another member of

the household including coercive control by a parent

involving physical, sexual, psychological, emotional,

economic or financial abuse,

c. “harassment” means a knowing and willful course or

pattern of conduct by a parent directed at another

parent which seriously alarms or is a nuisance to the

person, and which serves no legitimate purpose

including, but not limited to, harassing or obscene

telephone calls or conduct that would cause a

reasonable person to have a fear of death or bodily

injury, and

d. “stalking” means the willful course of conduct by a

parent who repeatedly follows or harasses another

person as defined in Section 1173 of Title 21 of the

Oklahoma Statutes.

3. If a parent is absent or relocates as a result of an act of

domestic violence by the other parent, the absence or relocation

shall not be a factor that weighs against the parent in determining

custody or visitation.

4. The court shall consider, as a primary factor, the safety

and well-being of the child who is the victim of child abuse and of

the parent who is the victim of domestic violence, harassment, or

stalking behavior, in addition to other facts regarding the best

interest of the child.

5. The court shall consider 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

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assault to another person including the minor child, in determining

issues regarding custody and visitation.