What is a parenting plan in Oklahoma?

A parenting plan is a written document in which parents set out how they will share custody, decision-making, and time with their children. In Oklahoma it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing custody order. When parents request joint custody, Oklahoma calls the written arrangement a joint custody plan, which the court reviews under the best interests standard (Oklahoma Statutes Title 43, Section 109).

What is the difference between a parenting plan and a custody order in Oklahoma?

In Oklahoma a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. When parents request joint custody, they shall file a joint custody plan (Oklahoma Statutes Title 43, Section 109(C)). The court reviews the plan and, if it finds the arrangement is in the best interests of the child, adopts it into a binding custody order.

What must an Oklahoma joint custody plan include?

An Oklahoma joint custody plan shall include, but is not limited to, provisions detailing the physical living arrangements for the child, child support obligations, medical and dental care for the child, school placement, and visitation rights (Oklahoma Statutes Title 43, Section 109(C)). The plan is accompanied by an affidavit from each parent agreeing to the plan.

Where is child custody decided in Oklahoma?

In Oklahoma, custody is decided by the district court in the county where the case is filed, in a divorce or a separate custody proceeding. The court sets the custody terms inside its order and, when joint custody is requested, reviews the joint custody plan under the best interests standard (Oklahoma Statutes Title 43, Section 109).

Oklahoma Parenting Plan

Q: What is joint custody in Oklahoma?

In Oklahoma, joint custody, also called joint care, custody, and control, means the sharing by parents in all or some of the aspects of physical and legal care, custody, and control of their children (Oklahoma Statutes Title 43, Section 109(B)). Parents can share decision-making, the schedule, or both, as set out in their joint custody plan.

Q: Do parents have to file a joint custody plan in Oklahoma?

Yes. In Oklahoma, if either or both parents have requested joint custody, the parents shall file with the court their plans for the exercise of joint care, custody, and control of their child (Oklahoma Statutes Title 43, Section 109(C)). The parents may submit a joint plan together, or each parent may submit a separate plan.

Q: Can unmarried parents make a parenting plan in Oklahoma?

Yes. A parenting plan in Oklahoma can be used by parents who were never married, not only by parents who are divorcing. The best interests of the physical, mental, and moral welfare of the child standard applies regardless of whether the parents were married (Oklahoma Statutes Title 43, Section 109).

An Oklahoma parenting plan sets out custody and, when parents request joint custody, a joint custody plan the court reviews under the best interests of the physical, mental, and moral welfare of the child (43 O.S. 109). Attorney review available.

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What is your situation with the parenting plan?

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Introduction

In Oklahoma, whose statute frames the question as custody and joint custody, a parenting plan is the written agreement two parents use to divide that custody and time with their children, whether they are divorcing, were never married, or need to modify an existing custody order. In Oklahoma, the governing statute uses the terms custody and joint custody. In awarding custody, the court shall consider what appears to be in the best interests of the physical and mental and moral welfare of the child (Oklahoma Statutes Title 43, Section 109(A)). Joint custody means the sharing by parents in all or some of the aspects of physical and legal care, custody, and control of their children (Section 109(B)). If either or both parents request joint custody, the parents shall file with the court their plans for the exercise of joint care, custody, and control of their child, and the plan shall include physical living arrangements, child support obligations, medical and dental care, school placement, and visitation rights (Section 109(C)). That makes a joint custody plan central to an Oklahoma joint-custody case. DocDraft builds your Oklahoma parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In Oklahoma, a parenting plan is the written document in which two parents put the state's custody and joint custody framework and a time schedule into writing for their children, whether they are divorcing, were never married, or are changing an existing order.
2
In Oklahoma, in awarding custody the court shall consider what appears to be in the best interests of the physical and mental and moral welfare of the child (Oklahoma Statutes Title 43, Section 109(A)).
3
Joint custody in Oklahoma means the sharing by parents in all or some of the aspects of physical and legal care, custody, and control of their children (Section 109(B)).
4
If either or both parents request joint custody in Oklahoma, the parents shall file with the court their joint custody plan (Section 109(C)).
5
An Oklahoma joint custody plan shall include physical living arrangements, child support obligations, medical and dental care, school placement, and visitation rights (Section 109(C)).
6
In Oklahoma the joint custody plan is accompanied by an affidavit from each parent stating that the parent agrees to the plan and will abide by its terms (Section 109(C)).
7
When parents do not request joint custody, an Oklahoma court sets custody inside its order under the best interests standard.

Key decisions before you file

Before you file a Parenting Plan in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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OKLAHOMA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing custody order. It sets out custody and, when the parents request joint custody, the joint custody plan the parents ask an Oklahoma court to approve under the best interests of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Custody and decision-making. The parents request [joint custody / sole custody to PARENT]. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Physical living arrangements and schedule. The children will live primarily with [PARENT] and spend time with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review the schedule.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, return to court.

This parenting plan is subject to court approval and is guided by the best interests of the physical and mental and moral welfare of the child. If either or both parents request joint custody, the parents shall file a joint custody plan with the court (Oklahoma Statutes Title 43, Section 109). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Oklahoma Requirements for Parenting Plan

Custody and Joint Custody
Oklahoma uses the terms custody and joint custody. Joint custody, also called joint care, custody, and control, means the sharing by parents in all or some of the aspects of physical and legal care, custody, and control of their children (Oklahoma Statutes Title 43, Section 109(B)).
Best Interests Standard
In Oklahoma, in awarding the custody of a minor child, the court shall consider what appears to be in the best interests of the physical and mental and moral welfare of the child (Oklahoma Statutes Title 43, Section 109(A)). The court looks at the whole situation of the family under that standard.
Joint Custody Plan Required
In Oklahoma, if either or both parents have requested joint custody, the parents shall file with the court their plans for the exercise of joint care, custody, and control of their child. The parents may submit a joint plan together, or each parent may submit a separate plan (Oklahoma Statutes Title 43, Section 109(C)).
What the Joint Custody Plan Must Include
An Oklahoma joint custody plan shall include, but is not limited to, provisions detailing the physical living arrangements for the child, child support obligations, medical and dental care for the child, school placement, and visitation rights (Oklahoma Statutes Title 43, Section 109(C)).
Affidavit Accompanying the Plan
In Oklahoma, the joint custody plan is accompanied by an affidavit signed by each parent stating that the parent agrees to the plan and will abide by its terms (Oklahoma Statutes Title 43, Section 109(C)). Your plan should be clear enough that each parent can sign such an affidavit.
Physical Living Arrangements and Schedule
Your plan should describe the physical living arrangements and the schedule for time with each parent: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Oklahoma's joint custody plan expressly covers physical living arrangements and visitation rights (Oklahoma Statutes Title 43, Section 109(C)).
Where Custody Is Decided in Oklahoma
In Oklahoma, custody is decided by the district court in the county where the case is filed, in a divorce or a separate custody proceeding. The court sets the custody terms inside its order and, when joint custody is requested, reviews the joint custody plan under the best interests standard (Oklahoma Statutes Title 43, Section 109).
Court Approval
An Oklahoma parenting plan takes effect only when the court approves it. If the court finds the arrangement the parents propose is in the best interests of the child, it adopts the plan into a custody order (Oklahoma Statutes Title 43, Section 109). This page cites Oklahoma statutes confirmed through Gemini and a codified republication; attorney review is available to re-confirm the current statute.

Find out where you stand in Oklahoma

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Oklahoma Requirements for Parenting Plan

Custody and Joint Custody

Best Interests Standard

Joint Custody Plan Required

What the Joint Custody Plan Must Include

Affidavit Accompanying the Plan

Physical Living Arrangements and Schedule

Where Custody Is Decided in Oklahoma

Court Approval

Frequently Asked Questions