Full question:
I live in Oklahoma. My husband and I live separate for the past 1 year. We have 2 minor children. I would like to have custody of my children. What is the remedy available for me in this regard?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Oklahoma
Answer:
In Oklahoma, either parent who are separated without being divorced can apply for the custody of the minor child. The court may award the custody of the child to either party or both, in accordance with the best interests of the child. The provisions in this regard have been provided in 43 Okl. St. § 109.1, that reads as follows:“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.”
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.
