Custody

Oklahoma law says that the judge is supposed to assume it is not in the child’s “best interest” for a parent to get custody if the parent:

1. is a registered sex offender, or lives with one;
2. has been convicted of a crime involving child abuse, or lives with someone who has;
3. is dependent on alcohol or drugs, and can be expected in the near future to seriously harm or attempt to harm themselves or another person as a result of such dependency;
4. has been convicted of domestic abuse within the past five years, or lives with someone who has; or
5. has had custody, guardianship, or visitation rights ended because they failed to complete or participate in a court-ordered substance abuse or mental health treatment.¹

However, even if a parent meets one of these criteria, that parent can still try to offer evidence to change the judge’s mind and get custody rights.¹

You can file a petition to terminate parental rights if the other parent was convicted in criminal court in any state of any of the following:

• rape;
• rape by instrumentation;
• permitting a child to participate in pornography (child sexual abuse material);
• lewd molestation of a child under 16 years of age;
• child abuse or neglect;
• enabling child abuse or neglect;
• causing a child’s death through physical abuse, sexual abuse, chronic abuse, or chronic neglect of the child;
• murder of any child, or aiding or abetting, attempting, conspiring, or soliciting to commit such murder;
• voluntary manslaughter of any child;
• a felony assault that has resulted in serious bodily injury to the child or another child of the parents; or
• murder or voluntary manslaughter of the child’s parent, or aiding or abetting, attempting, conspiring, or soliciting the murder the child’s parent.²

Note: Custody or visitation is not supposed to be granted to the other parent if you can prove that it will likely expose the child to an expected (foreseeable) risk of serious harm.³

If an abusive parent is seeking visitation or custody, it is important to talk to a lawyer who has experience with domestic violence issues and custody. To find an attorney in your area, see our Oklahoma Finding a Lawyer page.

¹ 43 O.S. § 112.2(B)
² 10A O.S. § 1-4-904(B)(8)
³ 43 O.S. § 112.2(C)