43-112.

§43-112.


    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.  Unless not in the best interests of the children, may provide
for the visitation of the noncustodial parent with any of the
children of the noncustodial parent; 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 the Department of Human Services or other entity, by
agreement of the Department or other entity.  Unless the parties
agree to the contrary, a completed child support computation form
provided for in Section 120 of this title shall be required to be
filed with the child support order.
    The social security numbers of both parents and the child shall
be included on the child support order summary form provided for in
Section 120 of this title, which shall be filed with all child
support orders.
    B.  In any action in which there are minor unmarried children in
awarding the custody of the child or in appointing a general guardian
for the child, the court shall be guided by the provisions of Section
21.1 of Title 10 of the Oklahoma Statutes and shall consider what
appears to be in the best interests of the child.
    C.  1.  When it is in the best interests of a minor unmarried
child, the court shall:
         a.   assure children of frequent and continuing contact with
              both parents after the parents have separated or
              dissolved their marriage, and
         b.   encourage parents to share the rights and
              responsibilities of child rearing in order to effect
              this policy.
    2.  There shall be neither a legal preference nor a presumption
for or against joint legal custody, joint physical custody, or sole
custody.
    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 noncustodial parent, and
         b.   shall not prefer a parent as a custodian of the child
              because of the gender of that parent.
    4.  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.
    5.  In making an order for custody, the court may specify that:
         a.   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
         b.   the noncustodial parent is to notify the custodial
              parent if the noncustodial parent plans to change
              permanent residence.
    D.  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, the child shall
be entitled to support by the parents through the age of eighteen
(18) years.  No hearing shall be required to extend such support
through the age of eighteen (18) if the child is regularly and
continuously attending high school.
    E.  In any case in which provision is made for the custody or
support of a minor child or enforcement of such order, the court
shall inquire whether public assistance money has been provided by
the Department of Human Services for the benefit of each child.  If
public assistance money has been provided for the benefit of the
child, the Department of Human Services shall be a necessary party
for the just adjudication and establishment of the debt due and owing
the State of Oklahoma, as defined in Section 238 of Title 56 of the
Oklahoma Statutes and for the just adjudication and establishment of
current child support.
    F.  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 any arrearages of child support.