How do the courts in Oklahoma decide custody matters?
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?
01/02/2017 |
Category: Divorce ยป Child Custody |
State: Oklahoma |
#29252
Answer:
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.”
