Full question:
My husband and I live in Oklahoma. We are planning separate because we do not get along anymore. We have a daughter who is two years old. We would like to know how the court will grant the custody of our daughter?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Oklahoma
Answer:
In Oklahoma, if the parents of an unmarried minor child are separated without being divorced, the judge of the district court, upon application by the parents, shall issue a civil process necessary to inquire into the custody of the child. The court may grant custody of the child to either of the parent or both according to the best interests of the child.Per Okl. St. §109.1:
“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.”
Per Okl. St. §2:
“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.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
