Oklahoma Custody and Visitation Law
Custody and Visitation for Gay, Lesbian and Bisexual Parents
Oklahoma courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren).
Oklahoma law states: “Custody should be awarded or a guardian appointed in the following order of preference according to the best interests of the child to: 1) A parent or to both parents jointly; … 2) A grandparent; 3) A person who was indicated by the wishes of a deceased parent; 4) A relative of either parent; 5) The person in whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent; or 6) Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child. …
“A petition or cross-petition for a divorce, legal separation or annulment must state whether or not the parties have minor children of the marriage. If there are minor children of the marriage, the court: 1) Shall make provision for guardianship, custody, medical care, support and education of the children; 2) Unless not in the best interests of the children, may provide for the visitation of the non-custodial parent with any of the children of the non-custodial parent; and 3) When in the best interests of the child, custody shall be awarded in a way which assures the frequent and continuing contact of the child with both parents. When awarding custody to either parent, the court: a) shall consider, among other facts, which parent is more likely to allow the child or children frequent and continuing contact with the non-custodial parent; and b) shall not prefer a parent as a custodian of the child because of the gender of that parent.”
In a 1995 case, Fox v. Fox, the father petitioned for a change in custody, arguing that the mother’s sexual orientation was contrary to the children’s moral and religious values and to their psychological and emotional stability. The trial court agreed and changed custody to the father. The state Supreme Court reversed this decision, finding that the trial court’s assertion that the mother was unfit was erroneous, and there was no evidence that the mother’s behavior had any adverse effect on the children. The Supreme Court in Fox said that they do not agree with the decision of M.J.P.
In a 1982 case, M.J.P. v. J.G.P., the father petitioned for a change in custody because of the mother’s same-sex relationship. The trial court sided with the father and transferred custody to him. The state Supreme Court upheld this decision, finding that a parent's sexual orientation could result in future trauma to the child because of society’s homophobia.
Custody and Visitation for Transgender Parents
There are no published cases dealing with transgender parents. State law, however, does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations.
Custody and Visitation for Same-Sex Co-Parents
There are no reported or published opinions dealing with same-sex co-parents.
Citations: OKLA. STAT. ANN. Tit. 10 §21.1; OKLA. STAT. ANN. tit. 43 §112; Fox v. Fox, 904 P.2d 66 (Okla. 1995); M.J.P. v. J.G.P., 640 P.2d 966 (Okla. 1982).
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Last Updated: 10/13/2004