Oklahoma Family Law
- There are 12 possible grounds for divorce in Oklahoma, according to Section 101 in Title 43 of the Oklahoma statutes. Abandonment, or one spouse leaving another spouse and failing to maintain any contact, is grounds for a divorce if the abandonment lasts for at least one year. If a spouse is incarcerated in jail for a felony or has been found mentally insane for a period of five years or more, the other spouse may file for divorce based on those reasons. Other grounds include impotence, alcoholism, neglect of martial duties, adultery, cruel treatment and incompatibility.
- Under Oklahoma law, marital assets and debts are split between both divorcing parties in a way that is deemed fair by the courts, commonly referred to as equitable distribution. Assets and debts obtained before the marriage are generally not considered in the divorce proceeding. The purpose of this type of distribution is to allow both parties to maintain a standard of living similar to the one enjoyed during the marriage. Alimony, or spousal support, may be awarded to either spouse to ensure the living standard of the marriage is kept. The court can decide the amount of alimony granted, or the parties can reach an agreement which is then ratified by the court.
- There are four types of general custody under the Oklahoma code. In joint custody, each parent has equal rights to the child. Sole custody is when one parent receives full custody of the child and the other parent has visitation. Split custody is when each parent has custody of at least one child.
"Bird nest" is a fourth form of cooperative split custody under Oklahoma's laws. This type of custody is when the child stays in one house all the time, and the parents rotate in and out of the house. The parents can share the alternative living residence in this situation. The form of custody granted is based on several factors, including the best interest of the welfare of the child, the relationship between the parties, and the suitability of each parent. In cases where visitation is awarded, both parents are encouraged to set up a visitation schedule. If a schedule cannot be agreed to, the courts may decide the parenting time the noncustodial parent will receive. - When one parent maintains custody, the noncustodial parent is typically ordered to pay that parent child support. The parties in the custody proceeding can make child support arrangements privately or have the amounts set by the court. The Oklahoma Child Support Guideline Schedule determines what the noncustodial parent must pay. This schedule takes the number of children and the income of each parent into account to calculate what percentage of child support the noncustodial parent should pay. Other issues, like child care costs and medical insurance premiums for policies covering the child, are also considered.
- The rights of a parent in Oklahoma can be terminated under specific circumstances or if the court deems termination is in the best interests of the child, according to Section 7006-1.1 of the Oklahoma code. Abandonment, or the parent not having any involvement with the child whatsoever, is grounds for termination. A parent who voluntarily relinquishes custody of a child to the Oklahoma Department of Human Services or another licensed agency, such as an adoption facility, can lose the parental rights to that child.
Parents who involuntary lose custody to a child welfare agency and fail to comply with the program the agency designs to reunite the parent with the child may have any parental rights terminated. Once a parent has his rights ended to one child, the parent has to show the conditions which lead to the termination have been corrected upon the birth of any subsequent children. If the conditions have not been addressed, the parent's rights will be terminated to these children as well.
