Oklahoma Dissolution of Marriage With Children — Custody and Child Support (2026)

When minor children are involved, Oklahoma's waiting period jumps to 90 days (waivable by the court), and a Parenting Plan is required.

The 90-Day Wait — And the Waiver

Oklahoma requires a 90-day waiting period when minor children of the marriage are involved. This is longer than the 10-day wait for childless dissolutions.

The waiver: A court can waive the 90-day period for good cause. File a Motion to Waive the 90-Day Waiting Period with a supporting affidavit. Good cause factors:

• Both parties fully agree on all custody, support, and property issues
• Children's living arrangements are stable and secure
• Parties have already been living separately
• Unique hardship or urgency

The judge has full discretion to grant or deny the waiver.

Oklahoma Custody Framework

Legal Custody

Authority to make major decisions about education, healthcare, religious upbringing.

• Joint legal custody: Both parents share decisions — frequently ordered in Oklahoma when parties agree
• Sole legal custody: One parent decides — ordered when joint is not in children's best interest

Physical Custody

Where the child primarily lives.

• Primary residential parent: Parent with whom child lives primarily
• Parenting time schedule: The other parent's time with the child

Best Interest Standard — Oklahoma Courts

Oklahoma courts apply the "best interest of the child" standard under 43 O.S. § 112. Factors include:

• The desires of the child (age-appropriate)
• The emotional ties and relationships with family members
• The capacity of each parent to provide guidance, love, affection
• Each parent's willingness to support the child's relationship with the other parent
• Mental and physical health of the parents
• Home stability and continuity
• History of domestic violence or abuse
• Geographic proximity of the parents' homes
• Which parent is more likely to allow frequent and continuing contact with the other

Parenting Plan Requirements

All Oklahoma custody arrangements must be in a written Parenting Plan:

• Custody designation (joint or sole)
• Primary residential parent
• Regular parenting schedule (school year and summer)
• Holiday schedule with specific holidays named
• Communication: child with non-residential parent
• Transportation and exchange logistics
• Relocation provisions (notice required in Oklahoma)
• Decision-making protocol for joint legal custody

Oklahoma Child Support Guidelines — 43 O.S. § 118

Oklahoma uses the Income Shares Model.

Key inputs:

• Both parents' monthly gross income
• Number of children
• Child care costs (employment-related)
• Health insurance premiums paid for the child
• Extraordinary educational or medical expenses
• Parenting time adjustment (significant parenting time by the non-primary parent reduces support)

Duration: Support ends when the child turns 18, or when the child graduates from high school — whichever is later. Maximum age: 20 years old.

Health insurance: The PSA/Parenting Plan must specify which parent maintains health insurance and how uninsured expenses are split.

Last reviewed: March 2026 | 90-day wait with children (waivable) | Parenting Plan required | Income Shares child support | Support ends at 18 or HS graduation (max 20) | oklaw.org for forms

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.