Okla. Stat. tit. 43, § 43-112.2
This is the official text of Okla. Stat. tit. 43, § 43-112.2, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Evidence of ongoing domestic abuse or child abuse -
Official statutory text
Determinations relating to convicted sex offenders - Presumption.
A. In every case involving the custody of, guardianship of or
visitation with a child, the court shall consider for determining
the custody of, guardianship of or the visitation with a child
whether any person seeking custody or who has custody of,
guardianship of or visitation with a child:
1. Is or has been subject to the registration requirements of
the Sex Offenders Registration Act or any similar act in any other
state;
2. Has been convicted of a crime listed in the Oklahoma Child
Abuse Reporting and Prevention Act or in Section 582 of Title 57 of
the Oklahoma Statutes;
Oklahoma Statutes - Title 43. Marriage and Family Page 60
3. Is an alcohol-dependent person or a drug-dependent person as
established by clear and convincing evidence and who can be expected
in the near future to inflict or attempt to inflict serious bodily
harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within the past five
(5) years;
5. Is residing with an individual who is or has been subject to
the registration requirements of the Sex Offenders Registration Act
or any similar act in any other state;
6. Is residing with a person who has been convicted of a crime
listed in the Oklahoma Child Abuse Reporting and Prevention Act or
in Section 582 of Title 57 of the Oklahoma Statutes;
7. Is residing with a person who has been convicted of domestic
abuse within the past five (5) years; or
8. Has had custody, guardianship, or visitation rights
terminated due to failure to complete or participate in any court-
ordered substance abuse or mental health treatment.
B. There shall be a rebuttable presumption that it is not in
the best interests of the child to have custody or guardianship
granted to a person who:
1. Is subject to or has been subject to the registration
requirements of the Sex Offenders Registration Act or any similar
act in any other state;
2. Has been convicted of a crime listed in the Oklahoma Child
Abuse Reporting and Prevention Act or in Section 582 of Title 57 of
the Oklahoma Statutes;
3. Is an alcohol-dependent person or a drug-dependent person as
established by clear and convincing evidence and who can be expected
in the near future to inflict or attempt to inflict serious bodily
harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within the past five
(5) years;
5. Is residing with a person who is or has been subject to the
registration requirements of the Sex Offenders Registration Act or
any similar act in any other state;
6. Is residing with a person who has been convicted of a crime
listed in the Oklahoma Child Abuse Reporting and Prevention Act or
in Section 582 of Title 57 of the Oklahoma Statutes;
7. Is residing with a person convicted of domestic abuse within
the past five (5) years; or
8. Has had custody, guardianship, or visitation rights
terminated due to failure to complete or participate in any court-
ordered substance abuse or mental health treatment.
C. Custody of, guardianship of, or visitation with a child
shall not be granted to any person if it is established that the
Oklahoma Statutes - Title 43. Marriage and Family Page 61
custody, guardianship or visitation will likely expose the child to
a foreseeable risk of material harm.
D. Except as otherwise provided by the Oklahoma Child
Supervised Visitation Program, court-ordered supervised visitation
shall be governed by the Oklahoma Child Supervised Visitation
Program.
E. For purposes of this section:
1. “Alcohol-dependent person” has the same meaning as such term
is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
2. “Domestic abuse” has the same meaning as such term is
defined in Section 60.1 of Title 22 of the Oklahoma Statutes;
am, court-ordered supervised visitation
shall be governed by the Oklahoma Child Supervised Visitation
Program.
E. For purposes of this section:
1. “Alcohol-dependent person” has the same meaning as such term
is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
2. “Domestic abuse” has the same meaning as such term is
defined in Section 60.1 of Title 22 of the Oklahoma Statutes;
3. “Drug-dependent person” has the same meaning as such term is
defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and
4. “Supervised visitation” means a program established pursuant
to Section 110.1a of this title.
A. In every case involving the custody of, guardianship of or
visitation with a child, the court shall consider for determining
the custody of, guardianship of or the visitation with a child
whether any person seeking custody or who has custody of,
guardianship of or visitation with a child:
1. Is or has been subject to the registration requirements of
the Sex Offenders Registration Act or any similar act in any other
state;
2. Has been convicted of a crime listed in the Oklahoma Child
Abuse Reporting and Prevention Act or in Section 582 of Title 57 of
the Oklahoma Statutes;
Oklahoma Statutes - Title 43. Marriage and Family Page 60
3. Is an alcohol-dependent person or a drug-dependent person as
established by clear and convincing evidence and who can be expected
in the near future to inflict or attempt to inflict serious bodily
harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within the past five
(5) years;
5. Is residing with an individual who is or has been subject to
the registration requirements of the Sex Offenders Registration Act
or any similar act in any other state;
6. Is residing with a person who has been convicted of a crime
listed in the Oklahoma Child Abuse Reporting and Prevention Act or
in Section 582 of Title 57 of the Oklahoma Statutes;
7. Is residing with a person who has been convicted of domestic
abuse within the past five (5) years; or
8. Has had custody, guardianship, or visitation rights
terminated due to failure to complete or participate in any court-
ordered substance abuse or mental health treatment.
B. There shall be a rebuttable presumption that it is not in
the best interests of the child to have custody or guardianship
granted to a person who:
1. Is subject to or has been subject to the registration
requirements of the Sex Offenders Registration Act or any similar
act in any other state;
2. Has been convicted of a crime listed in the Oklahoma Child
Abuse Reporting and Prevention Act or in Section 582 of Title 57 of
the Oklahoma Statutes;
3. Is an alcohol-dependent person or a drug-dependent person as
established by clear and convincing evidence and who can be expected
in the near future to inflict or attempt to inflict serious bodily
harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within the past five
(5) years;
5. Is residing with a person who is or has been subject to the
registration requirements of the Sex Offenders Registration Act or
any similar act in any other state;
6. Is residing with a person who has been convicted of a crime
listed in the Oklahoma Child Abuse Reporting and Prevention Act or
in Section 582 of Title 57 of the Oklahoma Statutes;
7. Is residing with a person convicted of domestic abuse within
the past five (5) years; or
8. Has had custody, guardianship, or visitation rights
terminated due to failure to complete or participate in any court-
ordered substance abuse or mental health treatment.
C. Custody of, guardianship of, or visitation with a child
shall not be granted to any person if it is established that the
Oklahoma Statutes - Title 43. Marriage and Family Page 61
custody, guardianship or visitation will likely expose the child to
a foreseeable risk of material harm.
D. Except as otherwise provided by the Oklahoma Child
Supervised Visitation Program, court-ordered supervised visitation
shall be governed by the Oklahoma Child Supervised Visitation
Program.
E. For purposes of this section:
1. “Alcohol-dependent person” has the same meaning as such term
is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
2. “Domestic abuse” has the same meaning as such term is
defined in Section 60.1 of Title 22 of the Oklahoma Statutes;
am, court-ordered supervised visitation
shall be governed by the Oklahoma Child Supervised Visitation
Program.
E. For purposes of this section:
1. “Alcohol-dependent person” has the same meaning as such term
is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
2. “Domestic abuse” has the same meaning as such term is
defined in Section 60.1 of Title 22 of the Oklahoma Statutes;
3. “Drug-dependent person” has the same meaning as such term is
defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and
4. “Supervised visitation” means a program established pursuant
to Section 110.1a of this title.
Status: in_force · Read it on the official government site
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