Okla. Stat. tit. 43, § 43-112.5

custodial parent - Preference of child - Evidence of domestic abuse

- Registered sex offenders.

A. Custody or guardianship of a child may be awarded to:

1. A parent or to both parents jointly;

2. A grandparent;

3. A person who was indicated by the wishes of a deceased

parent;

4. A relative of either parent;

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5. The person in whose home the child has been living in a

wholesome and stable environment including, but not limited to, a

foster parent; or

6. Any other person deemed by the court to be suitable and able

to provide adequate and proper care and guidance for the child.

B. In applying subsection A of this section, a court shall

award custody or guardianship of a child to a parent, unless a

nonparent proves by clear and convincing evidence that:

1. For a period of at least twelve (12) months out of the last

fourteen (14) months immediately preceding the commencement of the

custody or guardianship proceeding, the parent has willfully failed,

refused, or neglected to contribute to the support of the child:

a. in substantial compliance with a support provision or

an order entered by a court of competent jurisdiction

adjudicating the duty, amount, and manner of support,

or

b. according to the financial ability of the parent to

contribute to the support of the child if no provision

for support is entered by a court of competent

jurisdiction, or an order of modification subsequent

thereto.

For purposes of this paragraph, incidental or token financial

contributions shall not be considered in establishing whether a

parent has satisfied his or her obligation under subparagraphs a and

b of this paragraph; or

2. a. the child has been left in the physical custody of a

nonparent by a parent or parents of the child for one

(1) year or more, excluding parents on active duty in

the military, and

b. the parent or parents have not maintained regular

visitation or communication with the child.

For purposes of this paragraph, incidental or token visits or

communications shall not be considered in determining whether a

parent or parents have regularly maintained visitation or

communication.

C. In applying subsection A of this section, a court shall

award custody or guardianship of a child to a parent, unless the

court finds that the parent is affirmatively unfit. There shall be

a rebuttable presumption that a parent is affirmatively unfit if the

parent:

1. Is or has been subject to the registration requirements of

the Oklahoma Sex Offenders Registration Act or any similar act in

any other state, except as provided in subsection D of this section;

2. Has been convicted of a crime listed 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

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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
. Is an alcohol-dependent person or a drug-dependent person as

established by clear and convincing evidence and who can be expected

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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 Oklahoma 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 Section 843.5 of Title 21 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 been convicted of a crime listed in the Oklahoma Child

Abuse Reporting and Prevention Act.

D. In applying subsection A of this section, a court shall not

award custody or guardianship of a child to any person who has been

convicted, whether upon a verdict or plea of guilty or upon a plea

of nolo contendere, or received a suspended sentence or any

probationary term, or is currently serving a sentence or any form of

probation or parole in a court in any state of any of the following

crimes:

1. Sexual abuse or sexual exploitation of a child, Section

843.5 of Title 21 of the Oklahoma Statutes;

2. Child endangerment, if the offense involved sexual abuse of

a child, Section 852.1 of Title 21 of the Oklahoma Statutes;

3. Kidnapping, if the offense involved sexual abuse or sexual

exploitation of a child, Section 741 of Title 21 of the Oklahoma

Statutes;

4. Incest, Section 885 of Title 21 of the Oklahoma Statutes;

5. Forcible sodomy of a child, Section 888 of Title 21 of the

Oklahoma Statutes;

6. Child stealing, if the offense involved sexual abuse or

sexual exploitation, Section 891 of Title 21 of the Oklahoma

Statutes;

7. Procuring minors for participation in child sexual abuse

material, Section 1021.2 of Title 21 of the Oklahoma Statutes;

8. Consent to participation of minors in child sexual abuse

material, Section 1021.3 of Title 21 of the Oklahoma Statutes;

9. Facilitating, encouraging, offering or soliciting sexual

conduct with a minor by use of technology, Section 1040.13a of Title

21 of the Oklahoma Statutes;

10. Distributing child sexual abuse material, Section 1040.13

of Title 21 of the Oklahoma Statutes;

11. Possession, purchase or procurement of child sexual abuse

material, Section 1024.2 of Title 21 of the Oklahoma Statutes;

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12. Aggravated possession of child sexual abuse material,

Section 1040.12a of Title 21 of the Oklahoma Statutes;

13. Procuring a child under eighteen (18) years of age for

prostitution, Section 1087 of Title 21 of the Oklahoma Statutes;

14. Inducing, keeping, detaining or restraining a child under

eighteen (18) years of age for prostitution, Section 1088 of Title

21 of the Oklahoma Statutes;

15. First degree rape, Section 1114 of Title 21 of the Oklahoma

Statutes;

16. Lewd or indecent proposals or acts to a child under sixteen
r eighteen (18) years of age for

prostitution, Section 1087 of Title 21 of the Oklahoma Statutes;

14. Inducing, keeping, detaining or restraining a child under

eighteen (18) years of age for prostitution, Section 1088 of Title

21 of the Oklahoma Statutes;

15. First degree rape, Section 1114 of Title 21 of the Oklahoma

Statutes;

16. Lewd or indecent proposals or acts to a child under sixteen

(16) years of age, Section 1123 of Title 21 of the Oklahoma

Statutes; or

17. Solicitation of minors in any crime provided in subsection

B of Section 1021 of Title 21 of the Oklahoma Statutes.

E. Subject to subsection F of this section, a custody

determination made in accordance with subsections B and C of this

section shall not be modified unless the person seeking the

modification proves that:

1. Since the making of the order sought to be modified, there

has been a permanent, material, and substantial change of conditions

that directly affects the best interests of the child; and

2. That as a result of such change of circumstances, the child

would be substantially better off with regard to its temporal,

mental, and moral welfare if custody were modified.

F. If the custody determination made in accordance with

subsections B and C of this section indicates that custody is

temporary, the determination may be modified upon a showing that the

conditions which led to the custody or guardianship determination no

longer exist.