New Oklahoma Law: Will it Really Change Custody Rights?

Effective November 1, 2021, significant changes to Oklahoma’s “Policy for Equal Access to Minor Children by Parents” found in 43 O.S. §110.1 take effect. In this article we will take a look at both the old and new versions of the statute and try to determine what this really means for Oklahoma Fathers. Are we inching closer to a more equal co-parenting model, or does it fall short?

Let’s start by taking a look at both versions of the statute.

Current version of 43 O.S. § 110.1

It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage, provided that the parents agree to cooperate and that domestic violence, stalking, or harassing behaviors as defined in Section 109 of this title are not present in the parental relationship. To effectuate this policy, if requested by a parent, the court may provide substantially equal access to the minor children to both parents at a temporary order hearing, unless the court finds that shared parenting would be detrimental to the child.

New version of 43 O.S. § 110.1

“It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage.  The court may consider evidence of the ability of the parents to cooperate on issues related to their minor children, as well as evidence of domestic violence, stalking, or harassment as defined in Section 109 of this title.  To effectuate this policy, if requested by a parent, the court may provide substantially equal access to the minor children to both parents at a temporary order or final hearing, unless the court finds that shared parenting would be detrimental to the child. The court shall issue findings of fact and conclusions of law to support its decision after a final hearing on the merits.”

What has Changed?

Under the old version, the statute only referenced temporary orders. There was no mention of final orders. The new version of the law has expanded to include both temporary orders and final orders. While this appears to be a big leap forward at first glance, I think many things remain unresolved, even with this new language..

• Note that the statute says “the court MAY provide substantially equal access.” It does not say the court SHALL. There is a big difference.
• Does equal access mean Joint Custody?
• Does equal access mean a 50/50 time split? I have found that courts have interpreted this to mean equal time but I have not found a specific definition.
• Will one parent’s refusal to co-parent be enough to circumvent the intent of the new provisions?

I have some concerns with the language “unless the court finds that shared parenting would be detrimental to the child.” It seems it would be easy to disregard this statute by making a simple finding that equal access would be determinantal to the child. However, I do find that the addition of “The court shall issue findings of fact and conclusions of law to support its decision after a final hearing” to be encouraging.

What does this really mean?

The addition of the new language is a step forward and clearly better than what we had. However, I don’t think the new language has gone far enough. I would have rather seen language that plainly states there is a presumption that Joint Custody and Equal Time is in the child’s best interest and the default starting point. As is the case with every new law, we will have to wait and see how this plays out in courtrooms across the state. Still, I see this as our state inching closer to a more equal co-parenting model.

Pete D. Louden
Attorney at Law
Louden Law, PLLC
405-919-8355
petelouden@loudenlaw-pllc.com
www.normanlaw.com
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