Legal Question in Family Law in Oklahoma

Re: childrens rights

Generally, 18.

Re: childrens rights

A child doesn't have any absolute "right" to decide the issue until he/she is no longer a child. However, where the issue is disputed between parents, Oklahoma recognizes that upon reaching age 12, the majority of children are sufficiently mature to provide input in the analysis. I've provided the language of the relevant statute below.

43 O.S. section 113(B)(1) provides that "The court shall determine whether the best interest of the child will be served by the child's expression of preference as to which parent should have custody or limits of or period of visitation rights of either parent. If the court so finds, the child may express such preference or give other testimony."

Section 113(B)(2) clarifies that "[i]f the child is of a sufficient age to form an intelligent preference, the court shall consider the expression of preference or other testimony of the child in determining custody or limits of or period of visitation. The court shall not be bound by the child's choice and may take other facts into consideration in awarding custody or limits of or period of visitation. However, if the child is of a sufficient age to form an intelligent preference and the court does not follow the expression of preference of the child as to custody, or limits of visitation, the court shall make specific findings of fact supporting such action if requested by either party."

Finally, section 113(B)(3) states that "[t]here shall be a rebuttable presumption that a child who is twelve (12) years of age or older is of a sufficient age to form an intelligent preference."

Thus, a child who is 12 years or older may certainly influence the situation; however, his/her wishes will not necessarily be controlling.

As to the process, if there is already a Decree in place, a Motion to Modify would initiate any change; if not, the issue will be determined along with all others in the context of the dissolution proceedings.