USA – OKLAHOMA Law and Practice Contributed by: Danya Bundy, Aaron Bundy and Catherine Hensley, Bundy
ing jurisdiction over an infant based solely on recent physical presence or a change in residence. As the UCCJEA has been adopted by 49 US states, the District of Columbia, Guam, Puerto Rico and the US Virgin Islands, it provides a consistent basis for courts to assess and determine whether jurisdiction over any minor is proper. When jurisdiction over a minor child is in dispute, the concepts of domicile and residence may be relevant to a factual inquiry about what constitutes the child’s “home state” as defined by the UCCJEA and a federal law known as the Parental Kidnapping Prevention Act. 3.2 Living/Contact Arrangements and Child Maintenance Each party has a right to ask the appropriate court to make decisions concerning custody and parenting time. If no prior proceeding exists, a request is made by petition; otherwise, either parent may file a motion for the court to address a child-related dispute or to modify a prior order concerning child custody. Parents in a divorce have equal rights to their minor children, pending a judicial decision, and unmarried parents may also have equal rights if the biological father has been appropriately recognised in legal documents. Courts have broad discretion to make decisions con ‑ cerning the welfare of minor children – discretion and authority that continue even while an appeal of a con ‑ tested decision is pending. Child support is calculated as a percentage of the combined gross income of both parents pursuant to a formula. Although in most cases child support is deter ‑ mined by a statutory schedule that is presumptively the appropriate amount, courts have broad discretion in matters related to child support. The statutory child support schedule’s top income is USD15,000, which may be inadequate in cases where one or both par ‑ ents are high net worth individuals. In matters where the parents’ combined incomes exceed the amounts anticipated by the child support guidelines, the court may consider other factors – including the child’s reasonable expenses and lifestyle – in setting child support.
A child is entitled to support by both parents until the child reaches the age of 18. The law provides for addi ‑ tional support until the age of 20, so long as the child is enrolled in and attending high school. There is no authority for child support beyond high school and the age of 20 years unless the child has a qualifying disability that would trigger the application of other laws for support. Parents have some ability to deviate from the child support guidelines and may sometimes agree to a deviation from the presumptive child support guide ‑ lines. However, deviations draw scrutiny, particularly when one parent proposes paying less than the for ‑ mula would require. Downward departures (reductions in the payor’s monthly obligation) require specific find ‑ ings by a court for approval. 3.3 Other Matters Courts have broad discretion over all child-related mat ‑ ters and may make orders addressing the full range of issues that arise concerning their upbringing. In high- conflict cases, courts may delegate decision-making authority to a custodial parent, entrusting them with the decision-making authority necessary to raise and parent the child. Courts may also appoint other pro ‑ fessionals, including parenting co-ordinators, to assist parents with communication and decision-making. When parents cannot agree on specific issues, such as education or medical treatment, courts may defer to the opinion of professionals involved with the child. Oklahoma law requires courts hearing child custody disputes to consider which parent will foster a relation ‑ ship between the child and the other parent. Parental alienation findings by trial courts have been upheld as a basis for a child custody determination. Allegations of alienation are fact-sensitive inquiries concerning the behaviour of each parent, as it relates to encour ‑ aging or discouraging a relationship between a child and the other parent. Factors include: • interference with court orders; • denial of visitation; • denial of communication; and • statements made or information provided by a par ‑ ent to a child to influence the child’s views of the other parent.
362 CHAMBERS.COM
Powered by FlippingBook