US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 43.

MARRIAGE AND FAMILTY

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§431.  Marriage defined.

Marriage is a personal relation arising out of a civil contract to which the consent of parties legally competent of contracting and of entering into it is necessary, and the marriage relation shall only be entered into, maintained or abrogated as provided by law.

R.L.1910, § 3883.  

§432.  Consanguinity.

Marriages between ancestors and descendants of any degree, of a stepfather with a stepdaughter, stepmother with stepson, between uncles and nieces, aunts and nephews, except in cases where such relationship is only by marriage, between brothers and sisters of the half as well as the whole blood, and first cousins are declared to be incestuous, illegal and void, and are expressly prohibited. Provided, that any marriage of first cousins performed in another state authorizing such marriages, which is otherwise legal, is hereby recognized as valid and binding in this state as of the date of such marriage.

R.L.1910, § 3884; Laws 1965, c. 101, § 1; Laws 1967, c. 344, § 1; Laws 1969, c. 139, § 1, emerg. eff. April 9, 1969.  

§43-3.  Who may marry.

A.  Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex.

B.  1.  Except as otherwise provided by this subsection, no person under the age of eighteen (18) years shall enter into the marriage relation, nor shall any license issue therefor, except:

a. upon the consent and authority expressly given by the parent or guardian of such underage applicant in the presence of the authority issuing such license,  

b. upon the written consent of the parent or guardian of such underage applicant executed and acknowledged in person before a judge of the district court or the court clerk of any county within the State of Oklahoma,

c. if the parent or guardian resides outside of the State of Oklahoma, upon the written consent of the parent or guardian executed before a judge or clerk of a court of record.  The executed foreign consent shall be duly authenticated in the same manner as proof of documents from foreign jurisdictions,

d. if the certificate of a duly licensed medical doctor or osteopath, acknowledged in the manner provided by law for the acknowledgment of deeds, and stating that such parent or guardian is unable by reason of health or incapacity to be present in person, is presented to such licensing authority, upon the written consent of the parent or guardian, acknowledged in the same manner as the accompanying medical certificate,

e. if the parent or guardian is on active duty with the Armed Forces of the United States, upon the written permission of the parent or guardian, acknowledged in the manner provided by law for acknowledgment of deeds by military personnel authorized to administer oaths.  Such permission shall be presented to the licensing authority, accompanied by a certificate executed by a commissioned officer in command of the applicant, to the effect that the parent or guardian is on active duty in the Armed Forces of the United States, or

f. upon affidavit of three (3) reputable persons stating that both parents of the minor are deceased, or mentally incompetent, or their whereabouts are unknown to the minor, and that no guardian has theretofore been appointed for the minor.  The judge of the district court issuing the license may in his or her discretion consent to the marriage in the same manner as in all cases in which consent may be given by a parent or guardian.

2.  Every person under the age of sixteen (16) years is expressly forbidden and prohibited from entering into the marriage relation except when authorized by the court:

a. in settlement of a suit for seduction or paternity, or

b. if the unmarried female is pregnant, or has given birth to an illegitimate child and at least one parent of each minor, or the guardian or custodian of such child, is present before the court and has an opportunity to present evidence in the event such parent, guardian, or custodian objects to the issuance of a marriage license.  If they are not present the parent, guardian, or custodian may be given notice of the hearing at the discretion of the court.

3.  A parent or a guardian of any child under the age of eighteen (18) years who is in the custody of the Department of Human Services or the Department of Juvenile Justice shall not be eligible to consent to the marriage of such minor child as required by the provisions of this subsection.

4.  Any certificate or written permission required by this subsection shall be retained by the official issuing the marriage license.

C.  No marriage may be authorized when such marriage would be incestuous under this chapter.

R.L. 1910, § 3885.  Amended by Laws 1947, p. 301, § 1; Laws 1959, p. 183, § 1; Laws 1959, p. 184, § 1; Laws 1963, c. 91, § 1; Laws 1965, c. 383, § 1; Laws 1970, c. 131, § 1, emerg. eff. April 7, 1970; Laws 1975, c. 39, § 1, eff. Oct. 1, 1975; Laws 1989, c. 64, § 1, eff. Nov. 1, 1989; Laws 2004, c. 422, § 4, eff. July 1, 2004.

§43-3.1.  Recognition of marriage between persons of same gender prohibited.

A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.

Added by Laws 1996, c. 131, § 9, eff. Jan. 1, 1997.

§434.  License required.

No person shall enter into or contract the marriage relation, nor shall any person perform or solemnize the ceremony of any marriage in this state without a license being first issued by the judge or clerk of the district court, of some county in this state, authorizing the marriage between the persons named in such license.

R.L.1910, § 3886.  

§43-5.  Application - Contents.

A.  Persons desiring to be married in this state shall submit an application in writing signed and sworn to in person before the clerk of the district court by both of the parties setting forth:

1.  Each party's place of residence;

2.  Each party's full name and age as the same appear upon a certified copy of birth certificate, a current motor vehicle operator's, chauffeur's or commercial license, a current voter's registration certificate, a current passport or visa, or any other certificate, license or document issued by or existing pursuant to the laws of any nation or of any state or other governmental subdivision thereof accepted as proof of identity and age;

3.  That the parties are not disqualified from or incapable of entering into the marriage relation; and

4.  Whether the parties have successfully completed a premarital counseling program.

B.  1.  Upon application pursuant to this section and the payment of fees as provided in Section 31 of Title 28 of the Oklahoma Statutes, if the clerk of the district court is satisfied of the truth and sufficiency of the application and that there is no legal impediment to such marriage, the judge shall issue the license authorizing the marriage.

2.  Parties to be married and who present a certificate to the clerk of the district court that states the parties have completed the premarital counseling program pursuant to Section 5.1 of this title shall be entitled to pay a reduced fee for a marriage license in an amount provided in Section 31 of Title 28 of the Oklahoma Statutes.

C.  In the event that one or both of the parties are under legal age, the application shall have been on file in the court clerk's office for a period of not less than seventy-two (72) hours prior to issuance of the marriage license.

D.  The marriage license shall be valid in any county within the state.

E.  The provisions hereof are mandatory and not directory except under the circumstances set out in the provisions of Section 3 of this title.

R.L.1910, § 3887.  Amended by Laws 1959, p. 183, § 2, emerg. eff. June 2, 1959; Laws 1965, c. 25, § 1, emerg. eff. Feb. 26, 1965; Laws 1974, c. 96, § 1; Laws 1989, c. 64, § 2, eff. Nov. 1, 1989; Laws 1999, c. 174, § 1, eff. Nov. 1, 1999; Laws 2005, c. 33, § 1, eff. Nov. 1, 2005.

§43-5.1.  Premarital counseling.

A.  The clerk of the district court shall reduce the fee for a marriage license as prescribed by Section 31 of Title 28 of the Oklahoma Statutes to persons who have successfully completed a premarital counseling program meeting the conditions specified by this section.

B.  1.  A premarital counseling program shall be conducted by a health professional or an official representative of a religious institution.  Upon successful completion of the program, the counseling program provider shall issue to the persons a certificate signed by the instructor of the counseling program.  The certificate shall state that the named persons have successfully completed the premarital counseling requirements.

2.  For purposes of this subsection, the term "health professional" means a person licensed or certified by this state to practice psychiatry or psychology; a licensed social worker with experience in marriage counseling; a licensed marital and family therapist; or a licensed professional counselor.

Added by Laws 1999, c. 174, § 2, eff. Nov. 1, 1999.

§43-6.  License - Contents.

The license herein provided for shall contain the date of its issuance, name of the court, the name of the city or town and county in which it is located, the full names of the persons to be married thereunder, their ages, places of residence, and social security numbers, if any, and shall be directed to any person authorized by law to perform and solemnize the marriage ceremony, and shall fix the time of the return thereof, which shall not be more than thirty (30) days from the date of its issuance, and shall contain a blank certificate to be made out by the person solemnizing or performing the marriage ceremony thereunder.

R.L. 1910, § 3888.  Amended by Laws 1997, c. 402, § 9, eff. July 1, 1997.

§43-7.  Solemnization of marriages.

A.  All marriages must be contracted by a formal ceremony performed or solemnized in the presence of at least two adult, competent persons as witnesses, by a judge or retired judge of any court in this state, or an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he or she belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age.

B.  1.  The judge shall place his or her order of appointment on file with the office of the court clerk of the county in which he or she resides.

2.  The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is a resident of this state shall have filed, in the office of the court clerk of the county in which he or she resides, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages.

3.  The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is not a resident of this state, but has complied with the laws of the state of which he or she is a resident, shall have filed once, in the office of the court clerk of the county in which he or she intends to perform or solemnize a marriage, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages.

4.  The filing by resident or nonresident preachers, ministers, priests, rabbis, ecclesiastical dignitaries or judges shall be effective in and for all counties of this state; provided, no fee shall be charged for such recording.

C.  No person herein authorized to perform or solemnize a marriage ceremony shall do so unless the license issued therefor be first delivered into his or her possession nor unless he or she has good reason to believe the persons presenting themselves before him or her for marriage are the identical persons named in the license, and for whose marriage the same was issued, and that there is no legal objection or impediment to such marriage.

D.  Marriages between persons belonging to the society called Friends, or Quakers, the spiritual assembly of the Baha'is, or the Church of Jesus Christ of Latter Day Saints, which have no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society, church, or assembly.

R.L. 1910, § 3889.  Amended by Laws 1951, p. 113, § 1; Laws 1961, p. 285, § 1; Laws 1971, c. 298, § 1, emerg. eff. June 24, 1971; Laws 1986, c. 24, § 1, eff. Nov. 1, 1986; Laws 1989, c. 333, § 3, eff. Nov. 1, 1989; Laws 1998, c. 214, § 1, eff. Nov. 1, 1998; Laws 1999, c. 305, § 1, emerg. eff. June 4, 1999.

§43-8.  Endorsement and return of license.

The person performing or solemnizing the marriage ceremony shall immediately upon the completion thereof endorse upon the license authorizing the marriage his name; official or clerical designation; the court of which he is judge or the congregation or body of which he is pastor, preacher, minister, priest, rabbi or dignitary, provided, that the authority to perform or solemnize marriages shall be coextensive with the congregation or body of which he is pastor, preacher, minister, priest, rabbi or dignitary; the town or city and county where the same is located; and signed by him with his official or clerical designation.  The witnesses to the ceremony shall endorse the license authorizing the marriage with their names and post office addresses.  The license with such certificate thereon shall be transmitted without delay to the judge or the court clerk who issued the same.  Provided that all marriages solemnized among the society called Friends, or Quakers, the spiritual assembly of the Baha'Is, or the Church of Jesus Christ of Latter Day Saints, in the form heretofore practiced and in use in their meetings shall be good and valid.  One person chosen by such society, church or assembly shall be responsible for completing the certification of marriage pursuant to this title in the same manner as a minister or other person authorized to perform marriages.  Such person shall be chosen by the society, church or assembly for this purpose.

R.L. 1910, § 3890; Laws 1971, c. 298, § 2, emerg. eff. June 24, 1971.

§43-9.  Records - Return of original.

The judge or clerk of the district court issuing any marriage license shall make a complete record of the application, license, and certificate thereon, on an optical disc, microfilm, microfiche, imaging, or in a book kept by the judge or clerk for that purpose, properly indexed; and the record of the license shall be made before it is delivered to the person procuring the same, and the record of the certificate shall be made upon the return of the license; provided, that all records pertaining to the issuance of such license shall be open to public inspection during office hours; provided further, that after recording of the original license and completed certificate as hereinbefore required, it shall be returned to the persons to whom the same was issued, with the issuing officer's certificate on the back thereof showing the book and page where the same has been recorded.

R.L.1910, § 3891.  Amended by Laws 1945, p. 139, § 1; Laws 1947, p. 301, § 1; Laws 1998, c. 310, § 6, eff. Nov. 1, 1998; Laws 2005, c. 192, § 6, eff. Nov. 1, 2005.

§4310.  Evidence before issue of license.

If the judge or clerk of the district court before whom application for a marriage license is made shall be in doubt of the legal capacity of the parties for whose marriage a license is sought, to enter into the marriage relation, such judge or clerk shall require additional evidence to that contained in the application, and may swear and examine witnesses or require affidavits in proof of the legality of such marriage, and unless satisfied of the legality thereof, he shall not issue a license therefor.

R.L.1910, § 3892.  

§4311.  Copy of record  Admission as evidence.

Copies of any record required to be made and kept by the judge of the district court under the provisions of this chapter, certified to by the judge of said court, under his official signature and seal, shall be received as evidence in all courts of this state.

R.L.1910, § 3893.  

§43-14.  Penalty for performing unlawful marriage.

Any minister of the Gospel, or other person authorized to solemnize the rites of matrimony within this state, who shall knowingly solemnize the rites of matrimony between persons prohibited by this chapter, from intermarrying shall be deemed guilty of a felony, and upon conviction thereof shall be fined in any sum not exceeding Five Hundred Dollars ($500.00) and imprisonment in the State Penitentiary not less than one (1) year nor more than five (5) years.

R.L. 1910, § 3896.  Amended by Laws 1997, c. 133, § 461, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 335, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 461 from July 1, 1998, to July 1, 1999.

§4315.  Miscellaneous offenses  Penalties.

Any judge of the district court, or clerk of the district court, knowingly issuing any marriage license, or concealing any record thereof, contrary to the provisions of this chapter, or any person knowingly performing or solemnizing the marriage ceremony contrary to any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than thirty (30) days nor more than one (1) year or by both such fine and imprisonment.

R.L.1910, § 3897.  

§4316.  Soliciting in or near court house or grounds prohibited.

It shall be unlawful for any person to solicit directly or indirectly within any courthouse, premises or grounds or lots on which a courthouse may be located in any county within the State of Oklahoma for himself or for and on behalf of any minister of the Gospel or other person, the performance of a marriage ceremony.

Laws 1941, p. 169, § 1.  

§4317.  Punishment for violations.

Any person violating this act shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed Twentyfive Dollars ($25.00) for the first conviction, and for any second or subsequent conviction by a fine of not less than Twentyfive Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

Laws 1941, p. 170, § 2.  

§4318.  Injunction against violations.

In addition to the penalty provided in Section 2 hereof for a violation of this act, a cause of action shall exist in favor of any citizen of any county, or in favor of the State of Oklahoma on the relation of the district attorney of any county where the offense is committed to apply to the district court of the county for an injunction restraining the violation of this act.

Laws 1941, p. 170, § 3.  

§4319.  Unlawful sales of papers or instruments relating to marriage licenses  Penalty.

It shall be unlawful for the court clerk of any county of this state to sell, offer for sale, or permit the sale of any paper or instrument relating, directly or indirectly, to marriage licenses issued from the office of said court clerk except the license herein. Provided, any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for not less than five (5) days nor more than ten (10) days, or by both such fine and imprisonment.

Laws 1959, p. 127, § 2; eff. April 8, 1959.  

§43-20.  Computation of time.

The time within which an act is to be done, as provided for in Title 43 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day.  If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be excluded.  The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act.  Any action or proceeding arising under Title 43 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section.

Added by Laws 2000, c. 260, § 4, emerg. eff. June 1, 2000.

§43-31.  Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.

NOTE:  This section was amended by Laws 2004, c. 105, § 1, without reference to repeal, to read as follows:

Section 31.  A.  If the State Board of Health requires a blood test for the discovery of communicable or infectious diseases prior to obtaining a marriage license, a person seeking to obtain a marriage license shall first file with the court clerk a certificate or affidavit from a duly-licensed physician, licensed to practice within the State of Oklahoma, stating that each party to the marriage contract has been given a blood test, as may be necessary for the discovery of communicable or infectious diseases, made not more than thirty (30) days prior to the date of such application to obtain a marriage license, and that, in the opinion of the physician, the persons named therein are not infected with a communicable or infectious disease, or, if infected, said disease is not in a stage which may be communicable to the marriage partner.

B.  The State Board of Health shall promulgate rules in compliance with Article I of the Administrative Procedures Act to designate communicable or infectious diseases, if any, for which a blood test shall be conducted pursuant to subsection A of this section.

§43-32.  Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.

§43-33.  Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.

§43-34.  Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.

§43-35.  Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.

§43-36.  Issuance of license - Delivery to person officiating - Return to licensing authority.

Marriage licenses shall be issued to all applicants who are entitled under the laws of the State of Oklahoma to apply for a marriage license and to contract matrimony.  Any person obtaining a marriage license from the court clerk shall deliver the license, within ten (10) days from the date of issue, to the clergy or other qualified person who is to officiate before the marriage can be performed.  The license issued shall be returned by the clergy or other qualified person who officiated the marriage to the licensing authority who issued the same within five (5) days succeeding the date of the performance of the marriage therein authorized.  Any person or persons who shall willfully neglect to make such return within the time above required shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) for each and every offense.

Added by Laws 1945, p. 138, § 6.  Amended by Laws 2004, c. 333, § 1, eff. Jan. 1, 2005.

§43-37.  Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005.

§43101.  Grounds for divorce.

The district court may grant a divorce for any of the following causes:

First.  Abandonment for one (1) year.

Second.  Adultery.

Third.  Impotency.

Fourth.  When the wife at the time of her marriage, was pregnant by another than her husband.

Fifth.  Extreme cruelty.

Sixth.  Fraudulent contract.

Seventh.  Incompatibility.

Eighth.  Habitual drunkenness.

Ninth.  Gross neglect of duty.

Tenth.  Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.

Eleventh.  The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.

Twelfth.  Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or inmate of a state institution for the insane in some other state for such period, or of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery; provided, that no divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of which physicians shall be a superintendent of the hospital or sanitarium for the insane, in which the insane defendant is confined, and the other two physicians to be appointed by the court before whom the action is pending, any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant. The court shall appoint a guardian ad litem to represent the insane defendant, which appointment shall be made at least ten (10) days before any decree is entered.

R.L.1910, § 4962; Laws 1947, p. 79, § 1; Laws 1953, p. 59, § 1, Laws 1955, p. 141, § 1. Renumbered from Title 12, § 1271 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  

§43102.  Residence of plaintiff or defendant.

A.  Except as otherwise provided by subsection B of this section, the petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition.

B.  Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months immediately preceding the filing of the petition, may bring action for divorce or annulment of a marriage or may be sued for divorce or annulment of a marriage.

R.L. 1910, § 4963.  Amended by Laws 1939, p. 2, § 1, emerg. eff. April 10, 1939; Laws 1957, p. 82, § 2; Laws 1961, p. 64, § 1, emerg. eff. Aug. 7, 1961; Laws 1965, c. 284, § 1, emerg. eff. June 24, 1965.  Renumbered from § 1272 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 2002, c. 400, § 1, eff. Nov. 1, 2002.

§43103.  Venue for any action for divorce, annulment of a marriage or legal separation.

A.  The venue of any action for divorce, annulment of a marriage or legal separation may be in the following counties:

1.  An action for divorce or annulment of a marriage may be filed in the county in which the petitioner has been a resident for the thirty (30) days immediately preceding the filing of the petition or in the county in which the respondent is a resident; provided, the action may be assigned for trial in any county within the judicial district by the chief judge of the district; and

2.  An action for legal separation may be brought in the county in which either party is a resident at the time of the filing of the petition.

B.  The court may, upon application of a party, transfer an action for divorce, annulment of marriage or legal separation at any time after filing of the petition to any county where venue would be proper under subsection A of this section if the requirements of subsection C or D of this section are met.

C.  The court shall grant a party's application for change of venue when the other party is not a resident of this state at the time the application for change of venue is filed, or the plaintiff has departed from this state and has been absent for more than six (6) months preceding the date the application for change of venue is filed, and transfer is requested to the county where the applying party resides in this state.

D.  The court shall grant a party's application for change of venue when the court determines that it is an inconvenient forum under the circumstances and the court in another county is a more appropriate forum consistent with the factors in subsection B of Section 551-207 of the Uniform Child Custody Jurisdiction and Enforcement Act after substitution of the word "county" for the word "state" in such section of the act, and transfer is requested to the county where the applying party resides in the state.

Added by Laws 1971, c. 23, § 1, emerg. eff. March 22, 1971. Renumbered from § 1272.1 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 1998, c. 310, § 7, eff. Nov. 1, 1998; Laws 2001, c. 308, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 400, § 2, eff. Nov. 1, 2002.

§43104.  Personal jurisdiction in certain divorce actions.

A court may exercise personal jurisdiction over a person, whether or not a resident of this state, who lived within this state in a marital or parental relationship, or both, as to all obligations for alimony and child support where the other party to the marital relationship continues to reside in this state.  When the person who is subject to the jurisdiction of the court has departed from the state, he may be served outside of the state by any method that is authorized by the statutes of this state.

Laws 1973, c. 21. § 2, emerg. eff. April 12, 1973. Renumbered from Title 12, § 1272.2 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. ec=1>

§43-104.1.  District court referees.

A.  If funding is available, presiding judges of the district court may appoint court referees in their judicial districts to hear designated cases as assigned by the presiding judge.

B.  Reasonable compensation for the referees shall be fixed by that presiding judge.

C.  A referee shall meet the requirements and perform their duties in the same manner and procedure as set forth in Sections 7003-8.6 and 7303-7.5 of Title 10 of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings.

Added by Laws 2002, c. 400, § 9, eff. Nov 1, 2002.

§43105.  Petition and summons.

A.  A proceeding for dissolution of marriage, an annulment of a marriage, or a legal separation shall be titled "In re the Marriage of _______ and ______".

B.  The initial pleading in all proceedings under this title shall be denominated a petition.  The person filing the petition shall be called the petitioner.  A responsive pleading shall be denominated a response.  The person filing the responsive pleading shall be called the respondent.  Other pleadings shall be denominated as provided in the Rules of Civil Procedure, except as otherwise provided in this section.

C.  The petition must be verified as true, by the affidavit of the petitioner.

D.  A summons may issue thereon, and shall be served, or publication made, as in other civil cases.

E.  Wherever it occurs in this title or in any other title of the Oklahoma Statutes or in any forms or court documents prepared pursuant to the provisions of the Oklahoma Statutes, the term "divorce" shall mean and be deemed to refer to a "dissolution of marriage" unless the context or subject matter otherwise requires.

R.L. 1910, § 4964.  Amended by Laws 1973, c. 262, § 6, operative July 1, 1973.  Renumbered from § 1273 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 2002, c. 400, § 3, eff. Nov. 1, 2002; Laws 2003, c. 302, § 1, emerg. eff. May 28, 2003.

§43106.  Response.

A.  The respondent, in his or her response, may allege a cause for a dissolution of marriage, annulment of the marriage or legal separation against the petitioner, and may have the same relief thereupon as he or she would be entitled to for a like cause if he or she were the petitioner.

B.  When new matter is set up in the answer, it shall be verified as to such new matter by the affidavit of the respondent.

R.L. 1910, § 4965.  Renumbered from § 1274 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 2002, c. 400, § 4, eff. Nov. 1, 2002; Laws 2003, c. 302, § 2, emerg. eff. May 28, 2003.

§43-107.  Repealed by Laws 2002, c. 400, § 10, eff. Nov. 1, 2002.

§43-107.1.  Actions where minor child involved - Delayed final order - Waiver - Completion of educational program - Exceptions.

A.  1.  In an action for divorce where there are minor children involved, the court shall not issue a final order thereon for at least ninety (90) days from the date of filing the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party.

2.  The court may require that within the ninety-day period specified by paragraph 1 of this subsection, the parties attend and complete an educational program specified by Section 107.2 of this title.

B.  This section shall not apply to divorces filed for any of the following causes:

1.  Abandonment for one (1) year;

2.  Extreme cruelty;

3.  Habitual drunkenness;

4.  Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed;

5.  The procurement of a final divorce decree outside this state by a husband or wife which does not in this state release the other party from the obligations of the marriage;

6.  Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or an inmate of a state institution for the insane in some other state for such period, or an inmate of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery;

7.  Conviction of any crime defined by the Oklahoma Child Abuse Reporting and Prevention Act committed upon a child of either party to the divorce by either party to the divorce; or

8.  A child of either party has been adjudicated deprived, pursuant to the Oklahoma Children's Code, as a result of the actions of either party to the divorce and the party has not successfully completed the service and treatment plan required by the court.

C.  After a petition has been filed in an action for divorce where there are minor children involved, the court may make any such order concerning property, children, support and expenses of the suit as provided for in Section 110 of this title, to be enforced during the pendency of the action, as may be right and proper.

D.  The court may issue a final order in an action for divorce where minor children are involved before the ninety-day time period set forth in subsection A of this section has expired, if the parties voluntarily participate in marital or family counseling and the court finds reconciliation is unlikely.

Added by Laws 1992, c. 243, § 1, eff. Sept. 1, 1992.  Amended by Laws 1994, c. 124, § 1, eff. Sept. 1, 1994; Laws 1996, c. 131, § 7, eff. Jan. 1, 1997; Laws 2002, c. 445, § 16, eff. Nov. 1, 2002.

§43-107.2.  Actions where minor child involved - Court-ordered educational program.

A.  In all actions for divorce, separate maintenance, guardianship, paternity, custody or visitation, including modifications or enforcements of a prior court order, where the interest of a child under eighteen (18) years of age is involved, the court may require all adult parties to attend an educational program concerning, as appropriate, the impact of separate parenting and coparenting on children, the implications for visitation and conflict management, development of children, separate financial responsibility for children and such other instruction as deemed necessary by the court.  The program shall be educational in nature and not designed for individual therapy.

B.  Each judicial district may adopt its own local rules governing the program.

Added by Laws 1996, c. 131, § 8, eff. Jan. 1, 1997.

§43-107.3.  Appointment of guardian ad litem - Referral to mediation or counseling - Definitions - False accusations of child abuse or neglect.

A.  1.  In any proceeding when the custody or visitation of a minor child or children is contested by any party, the court may appoint an attorney at law as guardian ad litem on the court's motion or upon application of any party to appear for and represent the minor children.

2.  The guardian ad litem may be appointed to objectively advocate on behalf of the child and act as an officer of the court to investigate all matters concerning the best interests of the child.  In addition to other duties required by the court and as specified by the court, a guardian ad litem shall have the following responsibilities:

a. review documents, reports, records and other information relevant to the case, meet with and observe the child in appropriate settings, and interview parents, caregivers and health care providers and any other person with knowledge relevant to the case including, but not limited to, teachers, counselors and child care providers,

b. advocate for the child's best interests by participating in the case, attending any hearings in the matter and advocating for appropriate services for the child when necessary,

c. monitor the child's best interests throughout any judicial proceeding,

d. present written reports to the parties and court prior to trial or at any other time as specified by the court on the child's best interests that include conclusions and recommendations and the facts upon which they are based, and

e. the guardian ad litem shall, as much as possible, maintain confidentiality of information related to the case and is not subject to discovery pursuant to the Oklahoma Discovery Code.

3.  Expenses, costs, and attorney's fees for the guardian ad litem may be allocated among the parties as determined by the court.

B.  When property, separate maintenance, or custody is at issue, the court:

1.  May refer the issue or issues to mediation if feasible unless a party asserts or it appears to the court that domestic violence or child abuse has occurred, in which event the court shall halt or suspend professional mediation unless the court specifically finds that:

a. the following three conditions are satisfied:

(1) the professional mediator has substantial training concerning the effects of domestic violence or child abuse on victims,

(2) a party who is or alleges to be the victim of domestic violence is capable of negotiating with the other party in mediation, either alone or with assistance, without suffering an imbalance of power as a result of the alleged domestic violence, and

(3) the mediation process contains appropriate provisions and conditions to protect against an imbalance of power between parties resulting from the alleged domestic violence or child abuse, or

b. in the case of domestic violence involving parents, the parent who is or alleges to be the victim requests mediation and the mediator is informed of the alleged domestic violence; and

2.  When custody is at issue, the court may order, in addition to or in lieu of the provisions of paragraph 1 of this subsection, that each of the parties undergo individual counseling in a manner that the court deems appropriate, if the court finds that the parties can afford the counseling.

C.  As used in this section:

1.  "Child abuse or neglect" shall have the same meaning as such term is defined by the Oklahoma Child Abuse Reporting and Prevention Act or shall mean the child has been adjudicated deprived as a result of the actions or omission of either parent pursuant to the Oklahoma Children's Code; and

2.  "Domestic violence" shall have the same meaning as such term is defined by the Protection from Domestic Abuse Act.

D.  During any proceeding concerning child custody, should it be determined by the court that a party has intentionally made a false or frivolous accusation to the court of child abuse or neglect against the other party, the court shall proceed with any or all of the following:

1.  Find the accusing party in contempt for perjury and refer for prosecution;

2.  Consider the false allegations in determining custody; and

3.  Award the obligation to pay all court costs and legal expenses encumbered by both parties arising from the allegations to the accusing party.

Added by Laws 1997, c. 403, § 8, eff. Nov. 1, 1997.  Amended by Laws 2002, c. 400, § 5, eff. Nov. 1, 2002; Laws 2003, c. 3, § 20, emerg. eff. March 19, 2003.

NOTE:  Laws 2002, c. 445, § 17 repealed by Laws 2003, c. 3, § 21, emerg. eff. March 19, 2003.

§43108.  Parties in equal wrong  Custody of children  Disposition of property.

That the parties appear to be in equal wrong shall not be a basis for refusing to grant a divorce, but if a divorce is granted in such circumstances, it shall be granted to both parties.  In any such case or where the court grants alimony without a divorce or in any case where a divorce is refused, the court may for good cause shown make such order as may be proper for the custody, maintenance and education of the children, and for the control and equitable division and disposition of the property of the parties, or of either of them, as may be proper, equitable and just, having due regard to the time and manner of acquiring such property, whether the title thereto be in either or both of said parties.

R.L.1910, § 4966; Laws 1955, p. 142, § 1. Renumbered from Title 12, § 1275 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  

§43109.  Awarding custody or appointing guardian  Best interest of child  Joint custody.

A.  In awarding the custody of a minor unmarried child or in appointing a general guardian for said 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 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, said 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 said 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 said 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 said 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 said plan, the court may appoint an arbitrator to resolve said 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.

Added by Laws 1983, c. 269, § 3, operative July 1, 1983. Renumbered from Title 12, § 1275.4 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  

§43-109.1.  Custody during parents' separation.

If the parents of a minor unmarried child are separated without being divorced, the judge of the district court, upon application of either parent, may issue any civil process necessary to inquire into the custody of said minor unmarried child.  The court may award the custody of said child to either party or both, in accordance with the best interests of the child, for such time and pursuant to such regulations as the case may require.  The decision of the judge shall be guided by the rules prescribed in Section 2 of this act.

R.L. 1910, § 4384.  Amended by Laws 1975, c. 352, § 1, emerg. eff. June 12, 1975; Laws 1983, c. 269, § 1, operative July 1, 1983.  Renumbered from Title 10, § 21 by Laws 1990, c. 188, § 4, eff. Sept. 1, 1990.

§43109.2.  Paternity determination.

Except as otherwise provided by Section 3 of Title 10 of the Oklahoma Statutes, in any action concerning the custody of a minor unmarried child or the determination of child support, the court may determine if the parties to the action are the parents of the children.  If the parties to the action are the parents of the children, the court may determine which party should have custody of said children, may award child support to the parent to whom it awards custody, and may make an appropriate order for payment of costs and attorney's fees.

Added by Laws 1976, c. 137, § 1, operative Oct. 1, 1976.  Renumbered from Title 12, § 1277.2 by Laws 1994, c. 356, § 35, eff. Sept. 1, 1994.  Amended by Laws 1997, c. 403, § 5, eff. Nov. 1, 1997.

§43110.  Automatic temporary injunction - Temporary orders.

A.  1.  Except as otherwise provided by this subsection, upon the filing of a petition for dissolution of marriage, annulment of a marriage or legal separation by the petitioner and upon personal service of the petition and summons on the respondent, or upon waiver and acceptance of service by the respondent, an automatic temporary injunction shall be in effect against both parties pursuant to the provisions of this section:

a. restraining the parties from transferring, encumbering, concealing, or in any way disposing of, without the written consent of the other party or an order of the court, any marital property, except in the usual course of business, for the purpose of retaining an attorney for the case or for the necessities of life and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect,

b. restraining the parties from:

(1) intentionally or knowingly damaging or destroying the tangible property of the parties, or of either of them, including, but not limited to, any document that represents or embodies anything of value,

(2) making any withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account,

(3) withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policies on either party or their children,

(4) changing or in any manner altering the beneficiary designation on any life insurance policies on the life of either party or any of their children,

(5) canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons,

(6) opening or diverting mail addressed to the other party, and

(7) signing or endorsing the other party's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal signature of the other party,

c. requiring the parties to maintain all presently existing health, property, life and other insurance which the individual is presently carrying on any member of this family unit, and to cooperate as necessary in the filing and processing of claims.  Any employer-provided health insurance currently in existence shall remain in full force and effect for all family members,

d. enjoining both parties from molesting or disturbing the peace of the other party or of the children to the marriage,

e. restraining both parties from disrupting or withdrawing their children from an educational facility and programs where the children historically have been enrolled, or day care,

f. restraining both parties from hiding or secreting their children from the other party, and

g. restraining both parties from removing the minor children of the parties, if any, beyond the jurisdiction of the State of Oklahoma, acting directly or in concert with others, except for vacations of two (2) weeks or less duration, without the prior written consent of the other party, which shall not be unreasonably withheld.

2.   a. The provisions of the automatic temporary injunction shall be printed as an attachment to the summons and the petition and entitled "Automatic Temporary Injunction Notice".

b. The automatic temporary injunction notice shall contain a provision which will allow the parties to waive the automatic temporary injunction.  In addition, the provision must state that unless both parties have agreed and have signed their names in the space provided, that the automatic temporary injunction will be effective.  Along with the waiver provision, the notice shall contain a check box and space available for the signatures of the parties.

3.  The automatic temporary injunction shall become an order of the court upon fulfillment of the requirements of paragraph 1 of this subsection unless and until:

a. the automatic temporary injunction is waived by the parties.  Both parties must indicate on the automatic temporary injunction notice in the space provided that the parties have both agreed to waive the automatic temporary injunction.  Each party must sign his or her own name on the notice in the space provided, or

b. a party, no later than three (3) days after service on the party, files an objection to the injunction and requests a hearing.  Provided, the automatic temporary injunction shall remain in effect until the hearing and a judge orders the injunction removed.

4.  The automatic temporary injunction shall be dissolved upon the granting of the dissolution of marriage, final order of legal separation or other final order.

5.  Nothing in this subsection shall preclude either party from applying to the court for further temporary orders, pursuant to this section, an expanded automatic temporary injunction, or modification or revocation thereto.

6.   a. With regard to an automatic temporary injunction, when a petition for dissolution of marriage, annulment of a marriage, or a legal separation is filed and served, a peace officer shall use every reasonable means to enforce the injunction which enjoins both parties from molesting or disturbing the peace of the other party or the children of the marriage against a petitioner or respondent, whenever:

(1) there is exhibited by a respondent or by the petitioner to the peace officer a copy of the petition or summons, with an attached Temporary Injunction Notice, duly filed and issued pursuant to this section, together with a certified copy of the affidavit of service of process or a certified copy of the waiver and acceptance of service, and

(2) the peace officer has cause to believe that a violation of the automatic temporary injunction has occurred.

b. A peace officer shall not be held civilly or criminally liable for his or her action pursuant to this paragraph if his or her action is in good faith and without malice.

B.  After a petition has been filed in an action for dissolution of marriage or legal separation either party may request the court to issue:

1.  A temporary order:

a. regarding child custody, support or visitation,

b. regarding spousal maintenance,

c. regarding payment of debt,

d. regarding possession of property,

e. regarding attorney fees, and

f. providing other injunctive relief proper in the circumstances.

All applications for temporary orders shall set forth the factual basis for the application and shall be verified by the party seeking relief.  The application and a notice of hearing shall be served on the other party in any manner provided for in the Rules of Civil Procedure.

The court shall not issue a temporary order until at least five (5) days' notice of hearing is given to the other party.

After notice and hearing, a court may issue a temporary order granting the relief as provided by this paragraph; and/or

2.  A temporary restraining order.  If the court finds on the basis of a verified application and testimony of witnesses that irreparable harm will result to the moving party, or a child of a party if no order is issued before the adverse party or attorney for the adverse party can be heard in opposition, the court may issue a temporary restraining order which shall become immediately effective and enforceable without requiring notice and opportunity to be heard to the other party.  If a temporary restraining order is issued pursuant to this paragraph, the motion for a temporary order shall be set within ten (10) days.

C.  Any temporary orders and the automatic temporary injunction, or specific terms thereof, may be vacated or modified prior to or in conjunction with a final decree on a showing by either party of facts necessary for vacation or modification.  Temporary orders and the automatic temporary injunction terminate when the final judgment on all issues, except attorney fees and costs, is rendered or when the action is dismissed.  The court may reserve jurisdiction to rule on an application for a contempt citation for a violation of a temporary order or the automatic temporary injunction which is filed any time prior to the time the temporary order or injunction terminates.

D.  Upon granting a decree of dissolution of marriage, annulment of a marriage, or legal separation, the court may require either party to pay such reasonable expenses of the other as may be just and proper under the circumstances.

E.  The court may in its discretion make additional orders relative to the expenses of any such subsequent actions, including but not limited to writs of habeas corpus, brought by the parties or their attorneys, for the enforcement or modification of any interlocutory or final orders in the dissolution of marriage action made for the benefit of either party or their respective attorneys.

R.L. 1910, § 4967.  Amended by Laws 1965, c. 7, § 1, emerg. eff. Feb. 9, 1965; Laws 1976, c. 256, § 1.  Renumbered from § 1276 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 1991, c. 113, § 4, eff. Sept. 1, 1991; Laws 1992, c. 252, § 1, eff. Sept. 1, 1992; Laws 1997, c. 403, § 9, eff. Nov. 1, 1997; Laws 2002, c. 400, § 6, eff. Nov. 1, 2002; Laws 2003, c. 302, § 3, emerg. eff. May 28, 2003.

§43-110.1.  Shared parenting - Policy.

It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage.  To effectuate this policy, if requested by a parent, the court shall provide substantially equal access to the minor children to both parents at a temporary order hearing, unless the court finds that such shared parenting would be detrimental to such child.  The burden of proof that such shared parenting would be detrimental to such child shall be upon the parent requesting sole custody and the reason for such determination shall be documented in the court record.

Added by Laws 1999, c. 301, § 3, eff. Nov. 1, 1999.  Amended by Laws 2001, c. 61, § 1, eff. Nov. 1, 2001

§43-110.1a.  Oklahoma Child Supervised Visitation Program - Policy - Definitions.

A.  This section shall be known and may be cited as the "Oklahoma Child Supervised Visitation Program".

B.  It is the policy of this state to ensure that the health, safety, and welfare of the child is paramount when supervised visitation is ordered by the court.

C.  For purposes of the Oklahoma Child Supervised Visitation Program:

1.  "Supervised visitation" means the court-ordered contact between a noncustodial parent and one or more children of such parent in the presence of a third-party person who is responsible for observing and overseeing the visitation in order to provide for the safety of the child and any other parties during the visitation.  The court may require supervised visitation when deemed necessary by the court to protect the child or other parties;

2.  An "alcohol-dependent person" has the same meaning as such term defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

3.  A "drug-dependent person" has the same meaning as such term defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and

4.  "Domestic abuse" has the same meaning as such term defined in Section 60.1 of Title 22 of the Oklahoma Statutes.

D.  1.  The associate district judge in each county within this state may select trained volunteers to provide supervised visitation pursuant to the Oklahoma Child Supervised Visitation Program.

2.  By February 15, 2005, the associate district judge of each county may appoint a judicial district supervised visitation team to:

a. identify public and private entities which will be willing to provide location sites for purposes of the Oklahoma Child Supervised Visitation Program,

b. identify individuals who will be willing to serve as third-party persons to observe and oversee court-ordered supervised visitations,

c. establish training requirements for volunteers,

d. identify programs which may be available for the training of the volunteers including, but not limited to, the Department of Human Services, Office of the Attorney General, child advocacy centers, domestic violence groups, and the Department of Mental Health and Substance Abuse Services,

e. develop written protocol for handling supervised visitations so as to provide safety of the child and other parties during the supervised visitation,

f. develop application forms for volunteers applying for the Oklahoma Child Supervised Visitation Program.  Information listed on the form shall include, but not be limited to:

(1) name, address and phone number of the volunteer,

(2) volunteer's place of employment and phone number,

(3) areas of expertise,

(4) listing of professional training in areas including, but not limited to, child abuse, domestic abuse, alcohol or drug abuse, mental illness or conflict management,

(5) consent form specifying release of information, and

(6) professional references, and

g. identify which information of the parties and the child will be confidential and which may be available to others.

3.  From recommendations of the team established pursuant to this subsection, the associate district judge in each county within this state may authorize one or more public or private agencies to provide location sites for the Oklahoma Child Supervised Visitation Program.  A district judge may require either party requesting supervised visitation of a child to identify a trained third-party volunteer to observe and oversee the visitation.  A district court shall not:

a. require any state agency location or state employee to observe and oversee any supervised visitation, or

b. appoint a third party to observe and oversee a supervised visitation who has not received the training as specified by the judicial district supervised visitation team unless agreed to by the parties.

4.  A participating public or private agency location site may charge a fee for each visit.

E.  The protocol for supervised visitation established by each judicial district supervised visitation team may require that:

1.  The location site require each participant who has court-ordered supervised visitation for a child and who is participating in the supervised visitation program to sign a time log upon arrival and departure.  The agency location site must have an employee assigned to verify identification of each participant, initial each signature, and record the time of each person's arrival and departure; and

2.  The agency location site also contain information on each client case including, but not limited to:

a. a copy of the court order requiring supervised visitation, and

b. name of individuals authorized to pick up or deliver a child to the agency location site for supervised visitation.

F.  Each judicial district supervised visitation team may include, but not be limited to:

1.  Mental health professionals;

2.  Police officers or other law enforcement agents;

3.  Medical personnel;

4.  Child protective services workers;  

5.  Child advocacy individuals; and

6.  The district attorney or designee.

G.  An associate district judge of a county, the judicial district supervised visitation team created pursuant to this section and the Office of the Court Administrator may develop an informational brochure outlining the provisions of the Oklahoma Child Supervised Visitation Program and procedures to be used by volunteers in that judicial district.  The brochure may be distributed through the municipal and district court, social service agency centers, county health departments, hospitals, crisis or counseling centers, and community action agencies.

H.  Except for acts of dishonesty, willful criminal acts, or gross negligence, no member of the judicial district supervised visitation team or volunteer shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of the duties pursuant to the provisions of this section.

I.  The provisions of this section shall not apply to cases subject to the Oklahoma Children's Code and the Oklahoma Juvenile Code.

Added by Laws 2004, c. 415, § 5, eff. Dec. 15, 2004.

§43-110.2.  Blood, saliva, urine or any other tests - Child custody or visitation.

In any action in which the custody of or the visitation with a child is a relevant fact and at issue, the court may order the mother, the child or father to submit to blood, saliva, urine or any other test deemed necessary by the court in determining that the custody of or visitation with the child will be in the best interests of the child.  If so ordered and any party or child refuses to submit to such tests, the court may enforce its order if the rights of others and the interests of justice so require unless such individual is found to have good cause for refusing to cooperate.

Added by Laws 2004, c. 422, § 2, eff. July 1, 2004.

§43111.  Indirect contempt for disobedience of certain orders relating to divorce or separate maintenance actions.

Any order pertaining to the division of property pursuant to a divorce or separate maintenance action, if willfully disobeyed, may be enforced as an indirect contempt of court.

Added by Laws 1982, c. 14, § 1.  Renumbered from Title 12, § 1276.2 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 1992, c. 252, § 2, eff. Sept. 1, 1992.

§43-111.1.  Minimum visitation between noncustodial parent and child - Failure to pay child support - Enforcement of visitation order.

A.  1.  Any order providing for the visitation of a noncustodial parent with any of the children of such noncustodial parent shall provide a specified minimum amount of visitation between the noncustodial parent and the child unless the court determines otherwise.

2.  Except for good cause shown and when in the best interests of the child, the order shall encourage additional visitations of the noncustodial parent and the child and in addition encourage liberal telephone communications between the noncustodial parent and the child.

B.  1.  Except for good cause shown, when a noncustodial parent who is ordered to pay child support and who is awarded visitation rights fails to pay child support, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights.

2.  When a custodial parent refuses to honor a noncustodial parent's visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

C.  1.  Violation of an order providing for the payment of child support or providing for the visitation of a noncustodial parent with any of the children of such noncustodial parent may be prosecuted as indirect civil contempt pursuant to Section 566 of Title 21 of the Oklahoma Statutes or as otherwise deemed appropriate by the court.

2.  Unless good cause is shown for the noncompliance, the prevailing party shall be entitled to recover court costs and attorney fees expended in enforcing the order and any other reasonable costs and expenses incurred in connection with the denied child support or denied visitation as authorized by the court.

Added by Laws 1989, c. 285, § 1, emerg. eff. May 24, 1989.  Amended by Laws 1990, c. 171, § 1, operative July 1, 1990.  Renumbered from § 1276.3 of Title 12 by Laws 1990, c. 171, § 3, operative July 1, 1990 and by Laws 1990, c. 188, § 2, eff. Sept. 1, 1990.  Amended by Laws 1999, c. 301, § 1, eff. Nov. 1, 1999; Laws 2000, c. 384, § 4, eff. Nov. 1, 2000.

§43-111.1A.  Standard visitation schedule - Advisory guidelines.

A.  By January 1, 2005, the Administrative Director of the Courts shall have developed a standard visitation schedule and advisory guidelines which may be used by the district courts of this state as deemed necessary.

B.  The standard visitation schedule should include a minimum graduated visitation schedule for children under the age of five (5) years and a minimum graduated visitation schedule for children five (5) years of age through seventeen (17) years of age.  In addition, the standard visitation schedule should address:

1.  Midweek and weekend time-sharing;

2.  Differing geographical residences of the custodian and noncustodian of the child requesting visitation;

3.  Holidays, including Friday and Monday holidays;

4.  Summer vacation break;

5.  Midterm school breaks;

6.  Notice requirements and authorized reasons for cancellations of visitation;

7.  Transportation and transportation costs, including pick up and return of the child;

8.  Religious, school, and extracurricular activities;

9.  Grandparent and relative contact;

10.  The birthday of the child;

11.  Sibling visitation schedules;

12.  Special circumstances, including, but not limited to, emergencies; and

13.  Any other standards deemed necessary by the Administrative Director of the Courts.

C.  1.  The Administrative Director of the Courts shall develop advisory guidelines for use by the district courts when parties to any action concerning the custody of a child are unable to mutually agree upon a visitation schedule.

2.  The advisory guidelines should include the following considerations at a minimum:

a. a preference for visitation schedules that are mutually agreed upon by both parents over a court-imposed solution,

b. a visitation schedule which should maximize the continuity and stability of the life of the child,

c. special considerations should be given to each parent to make the child available to attend family functions, including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with the visitation schedule,

d. a visitation schedule which will not interrupt the regular school hours of the child,

e. a visitation schedule should reasonably accommodate the work schedule of both parents and may increase the visitation time allowed to the noncustodial parent but should not diminish the standardized visitation schedule provided in Section 111.1 of Title 43 of the Oklahoma Statutes,

f. a visitation schedule should reasonably accommodate the distance between the parties and the expense of exercising visitation,

g. each parent should permit and encourage liberal electronic contact during reasonable hours and uncensored mail privileges with the child, and

h. each parent should be entitled to an equal division of major religious holidays celebrated by the parents, and the parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the child on the religious holiday.

D.  The Administrative Director of the Courts shall:

1.  Make the standard visitation schedule and advisory guidelines available to the district courts of this state; and

2.  Periodically review and update the guidelines as deemed necessary.

Added by Laws 2004, c. 422, § 1, eff. July 1, 2004.

§43-111.2.  Civil action for child stealing.

Any person who is not a party to a child custody proceeding, and who intentionally removes, causes the removal of, assists in the removal of, or detains any child under eighteen (18) years of age with intent to deny another person's right to custody of the child or visitation under an existing court order shall be liable in an action at law.  Remedies available pursuant to this section are in addition to any other remedies available by law or equity and may include, but shall not be limited to, the following:

1.  Damages for loss of service, society, and companionship;

2.  Compensatory damages for reasonable expenses incurred in searching for the missing child or attending court hearings; and

3.  The prevailing party in such action shall be awarded reasonable attorney fees.

Added by Laws 1995, c. 219, § 1, eff. Nov. 1, 1995.

§43-111.3.  Interference with visitation rights of noncustodial parent - Motion for enforcement.

A.  When a noncustodial parent has been granted visitation rights and those rights are denied or otherwise interfered with by the custodial parent, in addition to the remedy provided in subsection B of Section 111.1 of Title 43 of the Oklahoma Statutes, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights.  The motion shall be filed on a form provided by the court clerk.  Upon filing of the motion, the court shall immediately:

1.  Issue ex parte an order for mediation; or

2.  Set a hearing on the motion, which shall be not more than twenty-one (21) days after the filing of the motion.

B.  Within five (5) days of termination of mediation ordered pursuant to paragraph 1 of subsection A of this section, the mediator shall submit the record of termination and a summary of the parties' agreement, if any, to the court.  Upon receipt of the record of termination, the court shall enter an order in accordance with the parties' agreement, if any, or set the matter for hearing, which shall be not more than ten (10) days after the record of termination is received by the court.

C.  Notice of a hearing pursuant to subsection A or B of this section shall be given to all interested parties by certified mail, return receipt requested, or as ordered by the court.

D.  If the court finds that visitation rights of the noncustodial parent have been unreasonably denied or otherwise interfered with by the custodial parent, the court shall enter an order providing for one or more of the following:

1.  A specific visitation schedule;

2.  Compensating visitation time for the visitation denied or otherwise interfered with, which time shall be of the same type (e.g. holiday, weekday, weekend, summer) as the visitation denied or otherwise interfered with, and shall be at the convenience of the noncustodial parent;

3.  Posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting visitation rights;

4.  Assessment of reasonable attorney fees, mediation costs, and court costs to enforce visitation rights against the custodial parent;

5.  Attendance of one or both parents at counseling or educational sessions which focus on the impact of visitation disputes on children;

6.  Supervised visitation; or

7.  Any other remedy the court considers appropriate, which may include an order which modifies a prior order granting child custody.

E.  If the court finds that the motion for enforcement of visitation rights has been unreasonably filed or pursued by the noncustodial parent, the court may assess reasonable attorney fees, mediation costs, and court costs against the noncustodial parent.

F.  Final disposition of a motion filed pursuant to this section shall take place no later than forty-five (45) days after filing of the motion.

G.  The Office of the Court Administrator shall develop the form required by subsection A of this section to be used for a motion to enforce visitation rights.

Added by Laws 1998, c. 407, § 42, eff. Nov. 1, 1998.

§43-112.  Care and custody of children.

A.  A petition or cross-petition for a divorce, legal separation, or annulment must state whether or not the parties have minor children of the marriage.  If there are minor children of the marriage, the court:

1.  Shall make provision for guardianship, custody, medical care, support and education of the children;

2.  Unless not in the best interests of the children, may provide for the visitation of the noncustodial parent with any of the children of the noncustodial parent; and

3.  May modify or change any order whenever circumstances render the change proper either before or after final judgment in the action; provided, that the amount of the periodic child support payment shall not be modified retroactively or payment of all or a portion of the past due amount waived, except by mutual agreement of the obligor and obligee, or if the obligee has assigned child support rights to the Department of Human Services or other entity, by agreement of the Department or other entity.  Unless the parties agree to the contrary, a completed child support computation form provided for in Section 120 of this title shall be required to be filed with the child support order.

The social security numbers of both parents and the child shall be included on the child support order summary form provided for in Section 120 of this title, which shall be submitted to the Central Case Registry as provided for in Section 112A of this title with all child support or paternity orders.

B.  In any action in which there are minor unmarried children in awarding or modifying the custody of the child or in appointing a general guardian for the child, the court shall be guided by the provisions of Section 21.1 of Title 10 of the Oklahoma Statutes and shall consider what appears to be in the best interests of the child.

C.  1.  When it is in the best interests of a minor unmarried child, the court shall:

a. assure children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, and

b. encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.

2.  There shall be neither a legal preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.

3.  When in the best interests of the child, custody shall be awarded in a way which assures the frequent and continuing contact of the child with both parents.  When awarding custody to either parent, the court:

a. shall consider, among other facts, which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial parent, and

b. shall not prefer a parent as a custodian of the child because of the gender of that parent.

4.  In any action, there shall be neither a legal preference or a presumption for or against private or public school or home-schooling in awarding the custody of a child, or in appointing a general guardian for the child.

5.  In making an order for custody, the court shall require compliance with Section 8 of this act.

D.  1.  Except for good cause shown, a pattern of failure to allow court-ordered visitation may be determined to be contrary to the best interests of the child and as such may be grounds for modification of the child custody order.

2.  For any action brought pursuant to the provisions of this section which the court determines to be contrary to the best interests of the child, the prevailing party shall be entitled to recover court costs, attorney fees and any other reasonable costs and expenses incurred with the action.

E.  Except as otherwise provided by Section 112.1A of this title, any child shall be entitled to support by the parents until the child reaches eighteen (18) years of age.  If a dependent child is regularly and continuously attending high school, said child shall be entitled to support by the parents through the age of eighteen (18) years.  No hearing shall be required to extend such support through the age of eighteen (18) if the child is regularly and continuously attending high school.

F.  In any case in which provision is made for the custody or support of a minor child or enforcement of such order, the court shall inquire whether public assistance money or medical support has been provided by the Department of Human Services for the benefit of each child.  If public assistance money or medical support has been provided for the benefit of the child, the Department of Human Services shall be a necessary party for the just adjudication and establishment of the debt due and owing the State of Oklahoma, as defined in Section 238 of Title 56 of the Oklahoma Statutes, for the just adjudication and establishment of paternity, current child support, and medical insurance coverage for the minor children in accordance with federal regulations.

G.  In any case in which a child support order or custody order or both is entered, enforced or modified, the court may make a determination of the arrearages of child support.

R.L. 1910, § 4968.  Amended by Laws 1955, p. 142, § 1; Laws 1968, c. 226, § 1; Laws 1969, c. 334, § 1, emerg. eff. May 8, 1969; Laws 1973, c. 188, § 1; Laws 1974, c. 101, § 1, emerg. eff. April 30, 1974; Laws 1979, c. 93, § 1, eff. Oct. 1, 1979; Laws 1985, c. 297, § 16, operative Oct. 1, 1985; Laws 1987, c. 230, § 14, eff. Oct. 1, 1987.  Renumbered from § 1277 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 1990, c. 171, § 2, operative July 1, 1990; Laws 1990, c. 309, § 11, eff. Sept. 1, 1990; Laws 1993, c. 307, § 1, emerg. eff. June 7, 1993; Laws 1994, c. 356, § 12, eff. Sept. 1, 1994; Laws 1996, c. 131, § 10, eff. Jan. 1, 1997; Laws 1997, c. 403, § 10, eff. Nov. 1, 1997; Laws 1998, c. 5, § 13, emerg. eff. March 4, 1998; Laws 1998, c. 323, § 7, eff. Oct. 1, 1998; Laws 1999, c. 301, § 2, eff. Nov. 1, 1999; Laws 2000, c. 384, § 5, eff. Nov. 1, 2000; Laws 2002, c. 400, § 7, eff. Nov. 1, 2002; Laws 2003, c. 3, § 22, emerg. eff. March 19, 2003.

NOTE:  Laws 1997, c. 402, § 10 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.  Laws 2002, c. 314, § 2 repealed by Laws 2003, c. 3, § 23, emerg. eff. March 19, 2003.  Laws 2002, c. 445, § 18 repealed by Laws 2003, c. 3, § 24, emerg. eff. March 19, 2003.

§43-112.1A.  Definitions - Child support - Parental rights and duties - Actions and jurisdiction.

A.  In this section:

1.  "Adult child" means a child eighteen (18) years of age or older.

2.  "Child" means a son or daughter of any age.

B.  1.  The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that:

a. the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support, and

b. the disability exists, or the cause of the disability is known to exist, on or before the eighteenth birthday of the child.

2.  A court that orders support under this section shall designate a parent of the child or another person having physical custody or guardianship of the child under a court order to receive the support for the child.  The court may designate a child who is eighteen (18) years of age or older to receive the support directly.

C.  1.  A suit provided by this section may be filed only by:

a. a parent of the child or another person having physical custody or guardianship of the child under a court order, or

b. the child if the child:

(1) is eighteen (18) years of age or older,

(2) does not have a mental disability, and

(3) is determined by the court to be capable of managing the child's financial affairs.

2.  The parent, the child, if the child is eighteen (18) years of age or older, or other person may not transfer or assign the cause of action to any person, including a governmental or private entity or agency, except for an assignment made to the Title IV-D agency.

D.  1.  A suit under this section may be filed:

a. regardless of the age of the child, and

b. as an independent cause of action or joined with any other claim or remedy provided by this title.

2.  If no court has continuing, exclusive jurisdiction of the child, an action under this section may be filed as an original suit.

3.  If there is a court of continuing, exclusive jurisdiction, an action under this section may be filed as a suit for modification pursuant to Section 115 of this title.

E.  In determining the amount of support to be paid after a child's eighteenth birthday, the specific terms and conditions of that support, and the rights and duties of both parents with respect to the support of the child, the court shall determine and give special consideration to:

1.  Any existing or future needs of the adult child directly related to the adult child's mental or physical disability and the substantial care and personal supervision directly required by or related to that disability;

2.  Whether the parent pays for or will pay for the care or supervision of the adult child or provides or will provide substantial care or personal supervision of the adult child;

3.  The financial resources available to both parents for the support, care, and supervision of the adult child; and

4.  Any other financial resources or other resources or programs available for the support, care, and supervision of the adult child.

F.  An order provided by this section may contain provisions governing the rights and duties of both parents with respect to the support of the child and may be modified or enforced in the same manner as any other order provided by this title.

Added by Laws 2001, c. 407, § 5, eff. July 1, 2001.

§43-112.2.  Evidence of ongoing domestic abuse or child abuse - 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 Oklahoma 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 an individual 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 the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes; or

7.  Is residing with a person who has been convicted of domestic abuse within the past five (5) years.

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 Oklahoma 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 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 the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes; or

7.  Is residing with a person convicted of domestic abuse within the past five (5) years.

C.  Custody of, guardianship of, or visitation with a child shall not be granted to any person if it is established that the 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;

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 5 of this act.

Added by Laws 1991, c. 113, § 2, eff. Sept. 1, 1991.  Amended by Laws 2002, c. 445, § 19, eff. Nov. 1, 2002; Laws 2003, c. 3, § 25, emerg. eff. March 19, 2003; Laws 2004, c. 415, § 4, emerg. eff. June 4, 2004.

NOTE:  Laws 2002, c. 413, § 3 repealed by Laws 2003, c. 3, § 26, emerg. eff. March 19, 2003.

§43-112.3.  Notice of proposed relocation or change of residence.

A.  As used in this section:

1.  "Change of residence address" means a change in the primary residence of an adult;

2.  "Child" means a child under the age of eighteen (18) who has not been judicially emancipated;

3.  "Person entitled to custody of or visitation with a child" means a person so entitled by virtue of a court order or by an express agreement that is subject to court enforcement;

4.  "Principal residence of a child" means:

a. the location designated by a court to be the primary residence of the child,

b. in the absence of a court order, the location at which the parties have expressly agreed that the child will primarily reside, or

c. in the absence of a court order or an express agreement, the location, if any, at which the child, preceding the time involved, lived with the child's parents, a parent, or a person acting as parent for at least six (6) consecutive months and, in the case of a child less than six (6) months old, the location at which the child lived from birth with any of the persons mentioned.  Periods of temporary absence of any of the named persons are counted as part of the six-month or other period; and

5.  "Relocation" means a change in the principal residence of a child over seventy-five (75) miles from the child's principal residence for a period of sixty (60) days or more, but does not include a temporary absence from the principal residence.

B.  1.  Except as otherwise provided by this section, a person who has the right to establish the principal residence of the child shall notify every other person entitled to visitation with the child of a proposed relocation of the child's principal residence as required by this section.

2.  Except as otherwise provided by this section, an adult entitled to visitation with a child shall notify every other person entitled to custody of or visitation with the child of an intended change in the primary residence address of the adult as required by this section.

C.  1.  Except as provided by this section, notice of a proposed relocation of the principal residence of a child or notice of an intended change of the primary residence address of an adult must be given:

a. by mail to the last-known address of the person to be notified, and

b. no later than:

(1) the sixtieth day before the date of the intended move or proposed relocation, or

(2)  the tenth day after the date that the person knows the information required to be furnished pursuant to this subsection, if the person did not know and could not reasonably have known the information in sufficient time to comply with the sixty-day notice, and it is not reasonably possible to extend the time for relocation of the child.

2.  Except as provided by this section, the following information, if available, must be included with the notice of intended relocation of the child or change of primary residence of an adult:

a. the intended new residence, including the specific address, if known,

b. the mailing address, if not the same,

c. the home telephone number, if known,

d. the date of the intended move or proposed relocation,

e. a brief statement of the specific reasons for the proposed relocation of a child, if applicable,

f. a proposal for a revised schedule of visitation with the child, if any, and

g. a warning to the nonrelocating parent that an objection to the relocation must be made within thirty (30) days or the relocation will be permitted.

3.  A person required to give notice of a proposed relocation or change of residence address under this subsection has a continuing duty to provide a change in or addition to the information required by this subsection as that information becomes known.

D.  After the effective date of this act, an order issued by a court directed to a person entitled to custody of or visitation with a child shall include the following or substantially similar terms:

"You, as a party in this action, are ordered to notify every other party to this action of a proposed relocation of the child, change of your primary residence address, and the following information:

1.  The intended new residence, including the specific address, if known;

2.  The mailing address, if not the same;

3.  The home telephone number, if known;

4.  The date of the intended move or proposed relocation;

5.  A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and

6.  A proposal for a revised schedule of visitation with the child, if any.

You are further ordered to give notice of the proposed relocation or change of residence address on or before the sixtieth day before a proposed change.  If you do not know and could not have reasonably known of the change in sufficient time to provide a sixty-day notice, you are ordered to give notice of the change on or before the tenth day after the date that you know of the change.

Your obligation to furnish this information to every other party continues as long as you, or any other person, by virtue of this order, are entitled to custody of or visitation with a child covered by this order.

Your failure to obey the order of this court to provide every other party with notice of information regarding the proposed relocation or change of residence address may result in further litigation to enforce the order, including contempt of court.

In addition, your failure to notify of a relocation of the child may be taken into account in a modification of custody of, visitation with, possession of or access to the child.  Reasonable costs and attorney fees also may be assessed against you if you fail to give the required notice.

If you, as the nonrelocating parent, do not file a proceeding seeking a temporary or permanent order to prevent the relocation within thirty (30) days after receipt of notice of the intent of the other party to relocate the residence of the child, relocation is authorized."

E.  1.  On a finding by the court that the health, safety, or liberty of a person or a child would be unreasonably put at risk by the disclosure of the required identifying information in conjunction with a proposed relocation of the child or change of residence of an adult, the court may order that:

a. the specific residence address and telephone number of the child or of the adult and other identifying information shall not be disclosed in the pleadings, other documents filed in the proceeding, or the final order, except for an in camera disclosure,

b. the notice requirements provided by this article be waived to the extent necessary to protect confidentiality and the health, safety or liberty of a person or child, and

c. any other remedial action that the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

2.  If appropriate, the court may conduct an ex parte hearing pursuant to this subsection.

F.  1.  The court may consider a failure to provide notice of a proposed relocation of a child as provided by this section as:

a. a factor in making its determination regarding the relocation of a child,

b. a factor in determining whether custody or visitation should be modified,

c. a basis for ordering the return of the child if the relocation has taken place without notice, and

d. sufficient cause to order the person seeking to relocate the child to pay reasonable expenses and attorney fees incurred by the person objecting to the relocation.

2.  In addition to the sanctions provided by this subsection, the court may make a finding of contempt if a party violates the notice requirement required by this section and may impose the sanctions authorized for contempt of a court order.

G.  1.  The person entitled to custody of a child may relocate the principal residence of a child after providing notice as provided by this section unless a parent entitled to notice files a proceeding seeking a temporary or permanent order to prevent the relocation within thirty (30) days after receipt of the notice.

2.  A parent entitled by court order or written agreement to visitation with a child may file a proceeding objecting to a proposed relocation of the principal residence of a child and seek a temporary or permanent order to prevent the relocation.

3.  If relocation of the child is proposed, a nonparent entitled by court order or written agreement to visitation with a child may file a proceeding to obtain a revised schedule of visitation, but may not object to the proposed relocation or seek a temporary or permanent order to prevent the relocation.

4.  A proceeding filed pursuant to this subsection must be filed within thirty (30) days of receipt of notice of a proposed relocation.

H.  1.  The court may grant a temporary order restraining the relocation of a child, or ordering return of the child if a relocation has previously taken place, if the court finds:

a. the required notice of a proposed relocation of a child as provided by this section was not provided in a timely manner and the parties have not presented an agreed-upon revised schedule for visitation with the child for the court's approval,

b. the child already has been relocated without notice, agreement of the parties, or court approval, or

c. from an examination of the evidence presented at the temporary hearing there is a likelihood that on final hearing the court will not approve the relocation of the primary residence of the child.

2.  The court may grant a temporary order permitting the relocation of the child pending final hearing if the court:

a. finds that the required notice of a proposed relocation of a child as provided by this section was provided in a timely manner and issues an order for a revised schedule for temporary visitation with the child, and

b. finds from an examination of the evidence presented at the temporary hearing there is a likelihood that on final hearing the court will approve the relocation of the primary residence of the child.

I.  A proposed relocation of a child may be a factor in considering a change of custody.

J.  1.  In reaching its decision regarding a proposed relocation, the court shall consider the following factors:

a. the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the child's life,

b. the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child,

c. the feasibility of preserving the relationship between the nonrelocating person and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties,

d. the child's preference, taking into consideration the age and maturity of the child,

e. whether there is an established pattern of conduct of the person seeking the relocation, either to promote or thwart the relationship of the child and the nonrelocating person,

f. whether the relocation of the child will enhance the general quality of life for both the custodial party seeking the relocation and the child, including but not limited to financial or emotional benefit or educational opportunity,

g. the reasons of each person for seeking or opposing the relocation, and

h. any other factor affecting the best interest of the child.

2.  The court may not:

a. give undue weight to the temporary relocation as a factor in reaching its final decision, if the court has issued a temporary order authorizing a party seeking to relocate a child to move before final judgment is issued, or

b. consider whether the person seeking relocation of the child has declared that he or she will not relocate if relocation of the child is denied.

K.  The relocating person has the burden of proof that the proposed relocation is made in good faith.  If that burden of proof is met, the burden shifts to the nonrelocating person to show that the proposed relocation is not in the best interest of the child.

L.  1.  After notice and a reasonable opportunity to respond, the court may impose a sanction on a person proposing a relocation of the child or objecting to a proposed relocation of a child if it determines that the proposal was made or the objection was filed:

a. to harass a person or to cause unnecessary delay or needless increase in the cost of litigation,

b. without being warranted by existing law or was based on frivolous argument, or

c. based on allegations and other factual contentions which had no evidentiary support or, if specifically so identified, could not have been reasonably believed to be likely to have evidentiary support after further investigation.

2.  A sanction imposed under this subsection shall be limited to what is sufficient to deter repetition of such co