Custody laws in Oklahoma are found in Title 43 of the Oklahoma Statutes. All of these laws are important for parents who are divorced or separating so far, and there it is particularly essential that parents learn the state’s guidelines on how to make the custody agreement. In order for this plan to be accepted by the state, it must contain all the necessary information and parents must follow the proper procedures. Here are some highlights of the law as it relates to parenting plans.

1. Award of Custody. Section 109 of Title 43 details how the state awards custody of children. This is a big part of the parenting plan, and the parents must decide how they will arrange custody. Custody will be awarded according to what is in the best physical, moral and mental interest of the child. Custody can be awarded to either parent or joint custody can be awarded. The state does not give preference to either parent due to gender.

2. Parenting plan. Section 109, Part D requires the court to have a final plan on custody matters. This plan, often called a parenting plan or custody agreement, is made based on the plan submitted by the parents. If the mother and father can agree on a plan, they can jointly file one for the court to consider. If they cannot work together, each parent must submit a proposed plan and the court will consider both ideas.

3. Joint custody. If either parent wants to have a joint custody agreement, that parent must submit a plan showing how the parents will share custody and control of the children. The mother and father can file an agreement together or the parents can file separate plans. The plan should detail the child’s physical living arrangements, child support obligations, medical and dental care for the child, school placement, visitation rights, and anything else the parents wish to include. The court can end joint custody at any time if either parent requests it, or if the court determines that it is not in the best interest of the child. A new plan will then be made detailing custody arrangements.