OSCN Found Document:Determination of Paternity, Custody and Child Support
Title 43. Marriage

Oklahoma Statutes Citationized
  Title 43. Marriage
      Divorce and Alimony
        Section 109.2 - Determination of Paternity, Custody and Child Support
Cite as: O.S. §, __ __


A. Except as otherwise provided by Section 7700-607 of Title 10 of the Oklahoma Statutes, in any action concerning the custody of a minor unmarried child or the determination of child support, the court may determine if the parties to the action are the parents of the children. In a paternity action, prior to genetic testing to establish paternity pursuant to the Uniform Parentage Act, the court may award custody to the presumed father if it would be in the best interests of the child. As used in this subsection, "presumed father" means a man who, by operation of law under Section 7700-204 of Title 10 of the Oklahoma Statutes, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.

B. If the parties to the action are the parents of the children, the court may determine which party should have custody of said children, may award child support to the parent to whom it awards custody, and may make an appropriate order for payment of costs and attorney fees.

Historical Data


Laws 1976, HB 1946, c. 137, § 1, eff. October 1, 1976; Renumbered from 12 O.S. § 1277.2 by Laws 1994, HB 1492, c. 356, § 35, eff. September 1, 1994; Amended by Laws 1997, SB 731, c. 403, § 5, eff. November 1, 1997 (superseded document available); Amended by Laws 2008, SB 1923, c. 99, § 5, eff. November 1, 2008 (superseded document available); Amended by Laws 2015, HB 1918, c. 133, § 1, eff. November 1, 2015 (superseded document available).

Citationizer® Summary of Documents Citing This Document
Cite Name Level
Oklahoma Court of Civil Appeals Cases
 CiteNameLevel
 2015 OK CIV APP 30, 347 P.3d 318, BATES v. COPELANDCited
 2015 OK CIV APP 67, 355 P.3d 863, WILSON v. FRANEKCited
 2016 OK CIV APP 3, 364 P.3d 672, STATE ex rel. DEPT. OF HUMAN SERVICES v. COLDWATERDiscussed at Length
 2018 OK CIV APP 3, 408 P.3d 628, JONES v. PACKCited
 2020 OK CIV APP 35, 467 P.3d 735, FLETCHER v. KELLEYDiscussed at Length
 2000 OK CIV APP 25, 997 P.2d 856, 71 OBJ 1228, IN THE MATTER OF THE ADOPTION OF K.M.S.Discussed
 2026 OK CIV APP 21, FANCHER v. MCDOWELLCited
Citationizer: Table of Authority
Cite Name Level
None Found.