USA – OKLAHOMA Law and Practice Contributed by: Danya Bundy and Aaron Bundy, Bundy Law
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 con - sistent basis for courts to assess and determine whether jurisdiction over any minor is proper. When jurisdiction over a minor child is in dis - pute, 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, pend - ing a judicial decision, and unmarried parents may also have equal rights if the biological father has been appropriately recognised in legal docu - ments. Courts have broad discretion to make decisions concerning the welfare of minor chil - dren – discretion and authority that continue even while an appeal of a contested decision is pending. Child support is calculated as a percentage of the combined gross income of both parents pur - suant to a formula. Although in most cases child support is determined 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 parents 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 additional support until the age of 20, so long as the child is enrolled in and attend - ing 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 guidelines. However, deviations draw scrutiny, particularly when one parent propos - es paying less than the formula would require. Downward departures (reductions in the payor’s monthly obligation) require specific findings by a court for approval. 3.3 Other Matters Courts have broad discretion over all child-relat - ed matters 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 custo - dial 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.
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