reglab/housing_qa huggingface dataset:
43 OK Stat § 43-107.1 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-107.1. Actions where minor child involved - Delayed final order - Waiver - Completion of educational program - Exceptions.

|A. 1. In an action for divorce where there are minor children involved, the court shall not issue a final order thereon for at least ninety (90) days from the date of filing the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party. |2. The court may require that within the ninety-day period specified by paragraph 1 of this subsection, the parties attend and complete an educational program specified by Section 107.2 of this title.B. This section shall not apply to divorces filed for any of the following causes:1. Abandonment for one (1) year;2. Extreme cruelty;3. Habitual drunkenness;4. Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed;5. The procurement of a final divorce decree outside this state by a husband or wife which does not in this state release the other party from the obligations of the marriage;6. Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or an inmate of a state institution for the insane in some other state for such period, or an inmate of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery;7. Conviction of any crime defined by the Oklahoma Child Abuse Reporting and Prevention Act committed upon a child of either party to the divorce by either party to the divorce; or8. A child of either party has been adjudicated deprived, pursuant to the Oklahoma Children’s Code, as a result of the actions of either party to the divorce and the party has not successfully completed the service and treatment plan required by the court.C. After a petition has been filed in an action for divorce where there are minor children involved, the court may make any such order concerning property, children, support and expenses of the suit as provided for in Section 110 of this title, to be enforced during the pendency of the action, as may be right and proper.D. The court may issue a final order in an action for divorce where minor children are involved before the ninety-day time period set forth in subsection A of this section has expired, if the parties voluntarily participate in marital or family counseling and the court finds reconciliation is unlikely.Added by Laws 1992, c. 243, § 1, eff. Sept. 1, 1992. Amended by Laws 1994, c. 124, § 1, eff. Sept. 1, 1994; Laws 1996, c. 131, § 7, eff. Jan. 1, 1997; Laws 2002, c. 445, § 16, eff. Nov. 1, 2002.
43 OK Stat § 43-107.4 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-107.4. Motion for an emergency custody hearing.

|A. In a court proceeding concerning child custody or visitation, a motion for an emergency custody hearing shall include an independent report, if available, to include but not be limited to, a police report or a report from the Department of Human Services, that demonstrates that the child is in surroundings which endanger the safety of the child and that if such conditions continue, the child would likely be subject to irreparable harm. If there is no such report, the motion shall include a notarized affidavit from an individual with personal knowledge that the child is in surroundings which endanger the safety of the child and that not granting the motion would likely cause irreparable harm to the child. Upon receipt of the motion for emergency custody with supporting documentation, the court shall have seventy-two (72) hours to conduct a hearing. If the court fails to conduct a hearing within such time, the movant may present such motion to the presiding judge of the judicial district, who shall conduct an emergency custody hearing within twenty-four (24) hours of receipt of the motion. |B. If the court finds that any relevant information provided to the court upon which the court relied to make its emergency custody decision to be false, the court shall assess against the movant all costs, attorney fees, and other expenses incurred as a result of such emergency custody hearing. The movant shall pay all such costs, fees and expenses within thirty (30) days. Failure to make such payment shall be grounds for contempt, punishable by six (6) months in the county jail, a fine not to exceed One Thousand Dollars ($1,000.00), or both such imprisonment and fine.Added by Laws 2010, c. 350, § 1, eff. Nov. 1, 2010.
43 OK Stat § 43-108 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-108. Parties in equal wrong - Custody of children - Disposition of property.

|That the parties appear to be in equal wrong shall not be a basis for refusing to grant a divorce, but if a divorce is granted in such circumstances, it shall be granted to both parties. In any such case or where the court grants alimony without a divorce or in any case where a divorce is refused, the court may for good cause shown make such order as may be proper for the custody, maintenance and education of the children, and for the control and equitable division and disposition of the property of the parties, or of either of them, as may be proper, equitable and just, having due regard to the time and manner of acquiring such property, whether the title thereto be in either or both of said parties. |R.L.1910, § 4966; Laws 1955, p. 142, § 1. Renumbered from Title 12, § 1275 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
43 OK Stat § 43-109.1 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-109.1. Custody during parents' separation.

|If the parents of a minor unmarried child are separated without being divorced, the judge of the district court, upon application of either parent, may issue any civil process necessary to inquire into the custody of said minor unmarried child. The court may award the custody of said child to either party or both, in accordance with the best interests of the child, for such time and pursuant to such regulations as the case may require. The decision of the judge shall be guided by the rules prescribed in Section 2 of this act. |R.L. 1910, § 4384. Amended by Laws 1975, c. 352, § 1, emerg. eff. June 12, 1975; Laws 1983, c. 269, § 1, operative July 1, 1983. Renumbered from Title 10, § 21 by Laws 1990, c. 188, § 4, eff. Sept. 1, 1990.
43 OK Stat § 43-109.2 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-109.2. Paternity determination.

|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.Added by Laws 1976, c. 137, § 1, operative Oct. 1, 1976. Renumbered from § 1277.2 of Title 12 by Laws 1994, c. 356, § 35, eff. Sept. 1, 1994. Amended by Laws 1997, c. 403, § 5, eff. Nov. 1, 1997; Laws 2008, c. 99, § 5, eff. Nov. 1, 2008; Laws 2015, c. 133, § 1, eff. Nov. 1, 2015.
43 OK Stat § 43-109.3 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.

|In every case involving the custody of, guardianship of or visitation with a child, the court shall consider evidence of domestic abuse, stalking and/or harassing behavior properly brought before it. If the occurrence of domestic abuse, stalking or harassing behavior is established by a preponderance of the evidence, there shall be a rebuttable presumption that it is not in the best interest of the child to have custody, guardianship, or unsupervised visitation granted to the person against whom domestic abuse, stalking or harassing behavior has been established. |Added by Laws 2006, c. 284, § 7, emerg. eff. June 7, 2006.
43 OK Stat § 43-109.5 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-109.5. Voluntary relinquishment of physical custody –Presumption.

|When an order has been entered which provides for payment of child support and the legal custodian places physical custody of the child with any person, subject to the provisions of the Oklahoma Children's Code or this title, without obtaining a modification of the order to change legal custody, the placement of the physical custody, by operation of law, shall create a presumption that such person with whom the child was placed has legal physical custody of the child for the purposes of the payment of child support and the obligee shall remit such child support obligation to the person with whom the placement was made. |Added by Laws 1987, c. 230, § 20, eff. Oct. 1, 1987. Amended by Laws 1998, c. 415, § 46, emerg. eff. June 11, 1998. Renumbered from § 38 of Title 10 by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. Renumbered from § 7202.3 of Title 10 by Laws 2009, c. 233, § 208, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 358, § 9, emerg. eff. June 7, 2010.
43 OK Stat § 43-109.6 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-109.6. Certain information and records to be available to both custodial and noncustodial parent.

|Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child. For the purpose of this section, "information" and "record" shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child. |Added by Laws 1982, c. 99, § 1, operative Oct. 1, 1982. Renumbered from § 5.2 of Title 10 by Laws 2009, c. 233, § 198, emerg. eff. May 21, 2009.
43 OK Stat § 43-110.1 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-110.1. Shared parenting - Policy.

|It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. The court may consider evidence of the ability of the parents to cooperate on issues related to their minor children, as well as evidence of domestic violence, stalking, or harassment as defined in Section 109 of this title. To effectuate this policy, if requested by a parent, the court may provide substantially equal access to the minor children to both parents at a temporary order or final hearing, unless the court finds that shared parenting would be detrimental to the child. The court shall issue findings of fact and conclusions of law to support its decision after a final hearing on the merits. |Added by Laws 1999, c. 301, § 3, eff. Nov. 1, 1999. Amended by Laws 2001, c. 61, § 1, eff. Nov. 1, 2001; Laws 2009, c. 307, § 2, eff. Nov. 1, 2009; Laws 2021, c. 445, § 1, eff. Nov. 1, 2021.
43 OK Stat § 43-110.2 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation.

|In any action in which the custody of or the visitation with a child is a relevant fact and at issue, the court may order the mother, the child or father to submit to blood, saliva, urine or any other test deemed necessary by the court in determining that the custody of or visitation with the child will be in the best interests of the child. If so ordered and any party or child refuses to submit to such tests, the court may enforce its order if the rights of others and the interests of justice so require unless such individual is found to have good cause for refusing to cooperate. |Added by Laws 2004, c. 422, § 2, eff. July 1, 2004.
43 OK Stat § 43-111 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-111. Indirect contempt for disobedience of certain orders relating to divorce or separate maintenance actions.

|Any order pertaining to the division of property pursuant to a divorce or separate maintenance action, if willfully disobeyed, may be enforced as an indirect contempt of court. |Added by Laws 1982, c. 14, § 1. Renumbered from Title 12, § 1276.2 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1992, c. 252, § 2, eff. Sept. 1, 1992.
43 OK Stat § 43-111.2 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-111.2. Civil action for child stealing.

|Any person who is not a party to a child custody proceeding, and who intentionally removes, causes the removal of, assists in the removal of, or detains any child under eighteen (18) years of age with intent to deny another person's right to custody of the child or visitation under an existing court order shall be liable in an action at law. Remedies available pursuant to this section are in addition to any other remedies available by law or equity and may include, but shall not be limited to, the following: |1. Damages for loss of service, society, and companionship;2. Compensatory damages for reasonable expenses incurred in searching for the missing child or attending court hearings; and3. The prevailing party in such action shall be awarded reasonable attorney fees.Added by Laws 1995, c. 219, § 1, eff. Nov. 1, 1995.
43 OK Stat § 43-111.4 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-111.4. Protection of child from child abuse or neglect or domestic violence by parent – Suspension of visitation.

|A. A parent who, in good faith and with a reasonable belief supported by fact, determines that the child of that parent is the victim of child abuse or neglect, or suffers from effects of domestic violence, may take necessary actions to protect the child, including refusing to permit visitation. |B. In cases in which there is evidence to substantiate suspected or confirmed child abuse or neglect, visitation shall be suspended.Added by Laws 2009, c. 307, § 4, eff. Nov. 1, 2009.
43 OK Stat § 43-112.2A (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-112.2A. Parent's right to change child's residence.

|A parent entitled to the custody of a child has a right to change his residence, subject to the power of the district court to restrain a removal which would prejudice the rights or welfare of the child. |R.L. 1910, § 4382. Renumbered from § 19 of Title 10 by Laws 2009, c. 233, § 202, emerg. eff. May 21, 2009.
43 OK Stat § 43-112.4 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-112.4. No duty to maintain stepchildren.

|A stepparent is not required to maintain his or her spouse’s children from a prior relationship. |R.L.1910, § 4378. Amended by Laws 2009, c. 233, § 1, emerg. eff. May 21, 2009. Renumbered from § 15 of Title 10 by Laws 2009, c. 233, § 200, emerg. eff. May 21, 2009.
43 OK Stat § 43-112.6 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking.

|In a dissolution of marriage or separate maintenance or custody proceeding, a victim of domestic violence or stalking shall be entitled to reasonable attorney fees and costs after the filing of a petition, upon application and a showing by a preponderance of evidence that the party is currently being stalked or has been stalked or is the victim of domestic abuse. The court shall order that the attorney fees and costs of the victimized party for the proceeding be substantially paid for by the abusing party prior to and after the entry of a final order. |Added by Laws 2009, c. 307, § 5, eff. Nov. 1, 2009.NOTE: Editorially renumbered from § 112.4 of this title to provide consistency in numbering.
43 OK Stat § 43-112.7 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-112.7. Modification of custody - Military deployment.

|A military deployment shall not be used as evidence of a substantial, material and permanent change of circumstances to warrant a permanent modification of custody. |Added by Laws 2011, c. 354, § 2, emerg. eff. May 26, 2011.
43 OK Stat § 43-112A (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-112A. Central case registry on IV─-D cases and child support orders.

|A. 1. The Child Support Enforcement Division of the Department of Human Services shall maintain a central case registry on all Title IV-D cases and all child support orders established or modified in this state after October 1, 1998. Title IV-D cases are cases in which child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes. |2. In Title IV-D cases, the case registry shall include, but not be limited to, information required to be transmitted to the federal case registry pursuant to 42 U.S.C., Section 654A.3. In cases in which child support services are not being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes and in which a child support order is established or modified in this state after October 1, 1998, the case registry shall include, but not be limited to, information required to be transmitted to the federal case registry pursuant to 42 U.S.C., Section 654A, and information from the support order summary form provided for in Section 120 of Title 43 of the Oklahoma Statutes.B. 1. All orders entered after October 31, 2001, which establish paternity or establish, modify or enforce a child support obligation shall state for all parties and custodians subject to the order:a.an address of record for service of process in support, visitation and custody actions, andb.the address of record may be different from the party’s or custodian’s physical address.2. The address shall be maintained by the central case registry. The order shall direct that any changes in the address of record shall be provided in writing to the central case registry within thirty (30) days of the change. The address of record is subject to disclosure to a party or custodian upon request pursuant to the provisions of this section and rules promulgated by the Department of Human Services. The Department of Human Services may refuse to disclose address and location information if the Department has reasonable evidence of domestic violence or child abuse and the disclosure of such information could be harmful to a party, custodian or child.C. 1. All parties and custodians ordered to provide an address of record to the central case registry as specified in this section may, in subsequent child support actions, be served with process by regular mail to the last address of record provided to the central case registry.2. Proof of service shall be made by a certificate of mailing from a United States Post Office, or in child support cases where services are being provided under the state child support plan, by a certificate of mailing from the child support representative.D. The Department of Human Services shall promulgate rules as necessary to implement the provisions of this section.Added by Laws 1997, c. 402, § 11, eff. July 1, 1997. Amended by Laws 2001, c. 407, § 4, eff. July 1, 2001.
43 OK Stat § 43-113 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-113. Preference of child – Record of interview.

|A. In any action or proceeding in which a court must determine custody or limits to or periods of visitation, the child may express a preference as to which of the parents the child wishes to have custody or limits to or periods of visitation. |B. The court shall first determine whether the best interest of the child will be served by allowing the child to express a preference as to which parent should have custody or limits to or periods of visitation with either parent. If the court so finds, then the child may express such preference or give other testimony.C. There shall be a rebuttable presumption that a child who is twelve (12) years of age or older is of a sufficient age to form an intelligent preference.D. If the child is of a sufficient age to form an intelligent preference, the court shall consider the expression of preference or other testimony of the child in determining custody or limits to or periods of visitation. Interviewing the child does not diminish the discretion of the court in determining the best interest of the child. The court shall not be bound by the child's choice or wishes and shall take all factors into consideration in awarding custody or limits of or period of visitation.E. If the child is allowed to express a preference or give testimony, the court may conduct a private interview with the child in chambers without the parents, attorneys or other parties present. However, if the court has appointed a guardian ad litem for the child, the guardian ad litem shall be present with the child in chambers. The parents, attorneys or other parties may provide the court with questions or topics for the court to consider in its interview of the child; however, the court shall not be bound to ask any question presented or explore any topic requested by a parent, attorney or other party.F. At the request of either party, a record shall be made of any child interview conducted in chambers. If the proceeding is transcribed, the parties shall be entitled to access to the transcript only if a parent or the parents appeal the custody or visitation determination.Added by Laws 1975, c. 183, § 1. Amended by Laws 1986, c. 196, § 1, eff. Nov. 1, 1986. Renumbered from § 1277.1 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 373, § 1, emerg. eff. June 4, 2002; Laws 2011, c. 229, § 1, eff. Nov. 1, 2011.
43 OK Stat § 43-114 (2021)
2021 Oklahoma Statutes|Title 43. Marriage and Family|§43-114. Interest on court-ordered past-due child support payments and payments of suit monies.

|Court-ordered past-due child support payments, court-ordered payments of suit monies and judgments for support pursuant to Section 83 of Title 10 of the Oklahoma Statutes and Sections 238.1 and 238.6B of Title 56 of the Oklahoma Statutes shall draw interest at the rate of two percent (2%) per year. Past-due child support payments accruing after the establishment of the current support order shall draw interest from the date they become delinquent. Lump-sum judgments pursuant to Titles 10 and 56 of the Oklahoma Statutes for support owed prior to the establishment of current support shall draw interest from the first day of the month after the lump-sum judgment is entered. The interest shall be collected in the same manner as the payments upon which the interest accrues. |Added by Laws 1977, c. 15, § 1. Renumbered from § 1277.3 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 356, § 13, eff. Sept. 1, 1994; Laws 2012, c. 253, § 2, eff. Nov. 1, 2012; Laws 2016, c. 289, § 1, eff. Nov. 1, 2016.