§ 3-123. Care, custody and support of minor children.
A. 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. Shall provide for the visitation of the noncustodial parent with any of the children of the noncustodial parent, unless not in the best interests of the children; and
3. May modify or change any order whenever circumstances render the change proper either before or after final judgment in the action; provided, that the amount of the periodic child support payment shall not be modified retroactively or payment of all or a portion of the past-due amount waived, except by mutual agreement of the obligor and obligee, or if the obligee has assigned child support rights to ONCSS or other entity, by agreement of the ONCSS or other entity. Unless the parties agree to the contrary, a completed child support computation form shall be required to be filed with the child support order.
B. The social security numbers of both parents and the child shall be included on a child support order summary form which shall be filed with all child support orders.
C. In any action in which there are minor unmarried children in awarding or modifying the custody of the child or in appointing a general guardian for the child, the Court shall be guided by what appears to be in the best interests of the child.
D. When it is in the best interests of a minor unmarried child, the Court shall:
1. Assure children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage; and
2. Encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
E. There shall be neither a legal preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody.
F. 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:
1. Shall consider, among other facts, which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial parent; and
2. Shall not prefer a parent as a custodian of the child because of the gender of that parent.
G. In any action, there shall be neither a legal preference or a presumption for or against private or public school or home-schooling in awarding the custody of a child, or in appointing a general guardian for the child.
H. In making an order for custody, the Court may specify that:
1. Unless there is a prior written agreement to change the permanent residence of the child, either parent shall notify the other parent if the parent plans to change the permanent residence of the child; and
2. The noncustodial parent is to notify the custodial parent if the noncustodial parent plans to change permanent residence.
I. Except for good cause shown, a pattern of failure to allow court-ordered visitation may be determined to be contrary to the best interests of the child and as such may be grounds for modification of the child custody order.
J. For any action brought pursuant to the provisions of this section which the Court determines to be contrary to the best interests of the child, the prevailing party may be entitled to recover court costs, attorney fees and any other reasonable costs and expenses incurred with the action.
K. Any child shall be entitled to support by the parents until the child reaches eighteen (18) years of age. If a dependent child is regularly and continuously attending high school, said child shall be entitled to support by the parents through the age of twenty (20) years or until the child graduates or leaves high school, whichever occurs first. No hearing shall be required to extend such support through the age of twenty (20) if the child is regularly and continuously attending high school.
L. In any case in which provision is made for the custody or support of a minor child or enforcement of such order, the Court may inquire whether public assistance money or medical support has been provided by the Department of Human Services of the State of Oklahoma or any department of the Osage Nation for the benefit of each child. If public assistance money or medical support has been provided for the benefit of the child, the Department of Human Services or appropriate department of the Osage Nation shall be a necessary party for the just adjudication and establishment of the debt due and owing the State of Oklahoma or Osage Nation for the just adjudication and establishment of paternity, current child support, and medical insurance coverage for the minor children in accordance with federal regulations.
M. In any case in which a child support order or custody order or both is entered, enforced or modified, the Court may make a determination of the arrearages of child support. ONCA 12-53, eff. Apr. 19, 2012.