OKLAHOMA Part 37

Does the child have a say in custody?

Historically, the courts looked more to the best interests of a child than to a child's whims, wants and desires. In 2002, the Oklahoma legislature passed a law to provide some deference to the wishes of children age 12 or older. The statute still provides a gatekeeper role for the court. A judge has discretion to determine whether the best interests of a child would be served by the child expressing a preference. Assuming the child's best interests would be served, the court must then consider whether the child is expressing an "intelligent preference." There is a presumption in favor of the choice of a child of age 12 or older. If the court does not abide by the "intelligent preference" of a child of sufficient age, the court must set forth findings of fact supporting the court's decision. The child's testimony may be taken in the judge's office, not in the courtroom.