Oklahoma Joint Custody Agreement

JOINT CUSTODY AGREEMENT

State of Oklahoma — District Court

Case No.: [________________________________]
Judicial District: [____] Judicial District, State of Oklahoma
County: [________________________________] County

ARTICLE I — PARTIES, CHILDREN, AND RECITALS

1.1 Parties

This Joint Custody Agreement ("Agreement") is entered into between:

Parent A:
Full Legal Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
County: [________________________________]
Phone: [________________________________]
Email: [________________________________]

Parent B:
Full Legal Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
County: [________________________________]
Phone: [________________________________]
Email: [________________________________]

(collectively, the "Parents")

1.2 Minor Child(ren)

1.3 Recitals and Oklahoma Statutory Basis

A. The Parents are the natural and legal parents of the child(ren) identified above.

B. The Parents seek joint custody of the child(ren) pursuant to 43 O.S. § 109, which provides that the court may grant care, custody, and control of a child to the parents jointly. Under Oklahoma law, "joint custody" and "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.

C. Under 43 O.S. § 109, when 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. The plan must include provisions detailing: (1) physical living arrangements; (2) child support obligations; (3) medical and dental care; (4) school placement; and (5) visitation rights. The plan must be accompanied by an affidavit signed by each parent.

D. The Parents represent that they are capable of cooperating in parenting decisions and that joint custody serves the child(ren)'s best interests as determined by the best interest standard under 43 O.S. § 109(A), which considers the child's physical, mental, and moral welfare.

E. Both Parents acknowledge Oklahoma's policy of ensuring frequent and continuing contact with both parents when it serves the child's best interests.

1.4 Mandatory Parenting Education (43 O.S. § 107.2)

Oklahoma law requires both parents in all divorce, separation, custody, visitation, and modification actions involving children under 18 to complete a court-approved educational program concerning the impact of separate parenting on children, separate financial responsibility, and conflict management.

☐ Parent A completed program on [__/__/____] — Provider: [________________________________]
☐ Parent B completed program on [__/__/____] — Provider: [________________________________]
☐ To be completed within [____] days of filing — Enrolled in: [________________________________]

ARTICLE II — JOINT LEGAL CUSTODY

2.1 Grant of Joint Legal Custody

Pursuant to 43 O.S. § 109, both Parents shall share joint legal custody, meaning they share equally the right and responsibility to make major decisions relating to the child(ren)'s health, education, and welfare.

2.2 Major Decisions Requiring Joint Consultation

The following decisions require mutual agreement after good-faith consultation:

Education:
☐ School enrollment, withdrawal, or transfer (including public, private, charter, virtual, or homeschool)
☐ Special education services, IEP participation, and 504 accommodations
☐ Tutoring or remedial education services
☐ College and post-secondary planning

Healthcare:
☐ Selection of physicians, dentists, and specialists
☐ Non-emergency medical, surgical, and dental treatment
☐ Mental health counseling, therapy, and psychiatric services
☐ Prescription medications (non-emergency)
☐ Vaccinations (non-emergency)

Other:
☐ Religious upbringing, instruction, and participation
☐ Significant extracurricular activities (competitive sports, travel teams, performing arts)
☐ Obtaining a driver's license, employment, or military enrollment
☐ Out-of-state or international travel
☐ Legal proceedings involving the child(ren)
☐ Tattoos, piercings, or body modifications for minor child(ren)

2.3 Consultation Protocol

1. The parent identifying the need for a decision shall provide written notice (email, text, or co-parenting app) to the other parent with all relevant information.
2. The receiving parent shall respond within [____] calendar days.
3. If no response is received, the proposing parent shall make one additional written attempt, clearly stating the deadline for response.
4. If the parents cannot reach agreement after good-faith efforts, they shall submit the matter to mediation before seeking court intervention (see Article IX).
5. Under 43 O.S. § 109, the court may appoint a disinterested arbitrator knowledgeable in domestic relations law and family counseling to resolve disputes regarding interpretation of the joint custody plan.

2.4 Emergency Decisions

The parent exercising physical custody at the time of an emergency may authorize emergency medical treatment, emergency safety measures, or other urgent decisions without prior consultation. The other parent shall be notified as soon as practicable and no later than 24 hours after the emergency.

2.5 Day-to-Day Decisions

Each parent shall make routine, day-to-day decisions regarding the child(ren) during that parent's scheduled parenting time, including meals, homework, bedtime, discipline, clothing, and daily activities.

ARTICLE III — JOINT PHYSICAL CUSTODY / PARENTING TIME

3.1 Shared Physical Custody

The Parents shall share physical custody with parenting time designed to provide the child(ren) with frequent and continuing contact with both parents. The schedule below reflects the parents' agreement to maximize each parent's time consistent with the child(ren)'s best interests.

3.2 Regular Parenting Time Schedule

Select the applicable schedule:

☐ Alternating Weeks (Week On / Week Off)
The child(ren) shall reside with Parent A for seven consecutive days, transitioning to Parent B for the following seven days:

• Exchange day: [________________________________] (e.g., Sunday or Monday)
• Exchange time: [________________________________]
• Exchange location: [________________________________]

☐ 2-2-3 Rotation

• Monday and Tuesday: Parent [____] every week
• Wednesday and Thursday: Parent [____] every week
• Friday through Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)

☐ 5-2-2-5 Rotation

• Monday and Tuesday: Parent [____] every week
• Wednesday and Thursday: Parent [____] every week
• Friday through Tuesday (5 days): Alternating between parents

☐ 3-4-4-3 Rotation

• Week 1: Parent A has 3 days, Parent B has 4 days
• Week 2: Parent A has 4 days, Parent B has 3 days

☐ Custom Schedule:
Parent A's scheduled time: [________________________________]
[________________________________]
Parent B's scheduled time: [________________________________]
[________________________________]

3.3 Summer Schedule

☐ Regular school-year schedule continues.
☐ Modified summer schedule: [________________________________]
☐ Each parent shall have [____] uninterrupted weeks during summer for vacation, with [____] days' advance written notice. Summer vacation time supersedes the regular schedule.

3.4 Exchanges

Primary Exchange Location:
☐ School (drop-off/pick-up during school year)
☐ Parent A's residence
☐ Parent B's residence
☐ Neutral location: [________________________________]

Transportation:
☐ Receiving parent picks up the child(ren)
☐ Delivering parent drops off
☐ Shared equally
☐ Other: [________________________________]

Exchange Rules:

• The child(ren) shall be ready at the designated time with clothing, medications, school materials, and personal items for the upcoming parenting period.
• A [____]-minute grace period applies. The parent who will be late shall give notice as soon as possible.
• Neither parent shall discuss disputed matters, argue, or create conflict during exchanges.
• Both parents shall ensure appropriate child safety seats are available.

3.5 Right of First Refusal

☐ Not applicable.
☐ If either parent is unavailable to care for the child(ren) for more than [____] consecutive hours during that parent's scheduled time, that parent shall first offer the other parent the opportunity to provide care before arranging third-party childcare. The offering parent shall give at least [____] hours' notice when practicable.

ARTICLE IV — HOLIDAY AND SPECIAL OCCASION SCHEDULE

Holiday parenting time supersedes the regular schedule.

4.1 Holiday Allocation

4.2 Non-Alternating Days

• Mother's Day: Child(ren) with Mother every year, Saturday [____] to Sunday [____]
• Father's Day: Child(ren) with Father every year, Saturday [____] to Sunday [____]
• Parent A's Birthday: Parent A, [____] to [____]
• Parent B's Birthday: Parent B, [____] to [____]

4.3 Children's Birthdays

☐ Alternating (Parent A even years, Parent B odd years)
☐ Child spends birthday with scheduled parent; other parent gets [____] hours on birthday or adjacent day
☐ Shared celebration
☐ Other: [________________________________]

ARTICLE V — COMMUNICATION AND INFORMATION SHARING

5.1 Communication Between Parents

Parents shall communicate about the child(ren) through:
☐ Any reasonable method (phone, text, email)
☐ Co-parenting application: ☐ OurFamilyWizard ☐ TalkingParents ☐ Other: [________________________________]

5.2 Parent-Child Communication

During each parent's custodial time, the other parent shall have reasonable telephone and/or video contact with the child(ren):
☐ At mutually agreed reasonable times
☐ Daily at approximately [____] for up to [____] minutes
☐ On this schedule: [________________________________]

The custodial parent shall facilitate this contact and shall not monitor, record, or interfere with it.

5.3 Records Access

Both parents shall have full and equal access to all school, medical, dental, mental health, and activity records. Both parents shall be listed as emergency contacts and authorized to receive information directly from providers.

5.4 Notification Obligations

Each parent shall promptly notify the other of:

• Any emergency, illness, injury, or hospitalization of the child(ren)
• Any involvement with law enforcement, DHS/OKDHS, or child welfare
• Any change in address, phone number, or employment
• School disciplinary actions or significant academic changes
• Any new household member or significant change in living situation

ARTICLE VI — CHILD-REARING COVENANTS

6.1 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, household members, or significant other in the presence or hearing of the child(ren). Neither parent shall allow others to do so in the child(ren)'s presence.

6.2 Facilitate Relationship

Each parent shall actively encourage and support the child(ren)'s relationship with the other parent. Neither parent shall engage in parental alienation or interfere with the child(ren)'s attachment to the other parent.

6.3 Substance Use

Neither parent shall consume alcohol to the point of impairment or use illegal substances during parenting time or within [____] hours before the start of parenting time. Neither parent shall allow the child(ren) to be in the care of any person under the influence of drugs or alcohol.

6.4 Firearms Safety

All firearms in either parent's household shall be stored unloaded in a locked container or with a trigger lock, with ammunition stored separately, inaccessible to the child(ren), in compliance with Oklahoma law.

6.5 New Partners

☐ Neither parent shall introduce a new romantic partner to the child(ren) until the relationship has been ongoing for at least [____] months.
☐ Neither parent shall have a new romantic partner present for overnight visits during parenting time until: [________________________________]
☐ No restrictions beyond general best-interest considerations.

6.6 Consistency

Parents shall make reasonable efforts to maintain consistent rules, discipline, bedtime schedules, homework expectations, and dietary needs across both households.

6.7 Attendance at Events

Both parents are entitled and encouraged to attend the child(ren)'s school events, extracurricular activities, and other important occasions. Parents shall conduct themselves respectfully toward each other at such events.

ARTICLE VII — DOMESTIC VIOLENCE PROVISIONS (43 O.S. § 109 / 22 O.S. § 60 et seq.)

7.1 Disclosure

☐ Neither parent has a history of domestic violence, stalking, or harassment.
☐ The following history exists: [________________________________]

7.2 Rebuttable Presumption

Under 43 O.S. § 109, a determination that domestic violence, stalking, or harassment has occurred creates a rebuttable presumption that joint custody with the perpetrator is detrimental to the child and not in the child's best interest. If applicable, this presumption has been addressed as follows: [________________________________]

7.3 Protective Orders

☐ No protective orders currently in effect.
☐ A protective order under 22 O.S. § 60 et seq. is in effect — Case No.: [________________________________]
This Agreement is consistent with that order.

ARTICLE VIII — RELOCATION (43 O.S. § 112.3)

8.1 Notice Requirement

Under 43 O.S. § 112.3, any parent intending to relocate the child(ren)'s principal residence more than 75 miles for a period of 60 days or more must provide written notice to the other parent by certified mail at least 60 days before the proposed move.

The notice must include: (1) intended new residence and address; (2) mailing address if different; (3) home telephone number; (4) date of intended move; (5) reasons for the proposed relocation; and (6) a proposed revised parenting time schedule.

8.2 Objection

The non-relocating parent may object by filing a motion with the District Court within 30 days. The existing schedule remains in effect until the court rules.

8.3 Failure to Notify

Failure to give required notice may be considered in future modification proceedings and may result in assessment of reasonable costs and attorney fees.

8.4 Geographic Restrictions

☐ No geographic restrictions beyond the statutory relocation notice requirements.
☐ Both parents agree to maintain residence within [________________________________] during the term of this Agreement.

ARTICLE IX — DISPUTE RESOLUTION

9.1 Good-Faith Negotiation

Parents shall first attempt to resolve disputes through direct, respectful, child-focused communication.

9.2 Mediation

If negotiation fails, parents shall submit the dispute to mediation with a qualified Oklahoma family law mediator before filing any court motion. Each parent shall bear [____]% of mediation costs. Mediation is not required when domestic violence, stalking, harassment, or emergency circumstances exist.

9.3 Arbitration

Under 43 O.S. § 109, the court may appoint a disinterested arbitrator knowledgeable in domestic relations law and family counseling to resolve disputes about interpretation of this Agreement. Arbitration does not extend to custody or visitation determinations, which remain within the court's exclusive jurisdiction.

9.4 Court Intervention

If mediation and arbitration do not resolve the dispute, either parent may file an appropriate motion with the District Court of [________________________________] County, [____] Judicial District, State of Oklahoma.

ARTICLE X — CHILD'S PREFERENCE (43 O.S. § 113)

Under 43 O.S. § 113, there is a rebuttable presumption that a child age 12 or older is of sufficient age to form an intelligent preference regarding custody. If the court determines that allowing the child to express a preference serves the child's best interest, the child may do so. The court is not bound by the child's preference and shall consider all factors.

☐ No child is currently age 12 or older.
☐ The following child(ren) are age 12 or older: [________________________________], Age [____]

Parents agree that no child shall be placed in a position of choosing between parents or made to feel responsible for custody decisions.

ARTICLE XI — FINANCIAL PROVISIONS

11.1 Child Support

Child support shall be determined in accordance with the Oklahoma Child Support Guidelines (43 O.S. § 118 et seq.) and is:
☐ Addressed in a separate child support order
☐ As follows: [________________________________]

11.2 Health Insurance

☐ Parent A ☐ Parent B shall maintain health, dental, and vision insurance for the child(ren) through available employer or individual coverage.

11.3 Uninsured Medical Expenses

Uninsured and unreimbursed medical, dental, vision, mental health, and prescription expenses shall be divided:
☐ Equally (50/50)
☐ Proportionally: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

11.4 Extracurricular Expenses

☐ Shared equally ☐ Proportionally ☐ By enrolling parent ☐ Other: [________________________________]

11.5 Tax Dependency

☐ Alternating years ☐ Parent A every year ☐ Parent B every year ☐ Split: [________________________________]

ARTICLE XII — GENERAL PROVISIONS

12.1 Modification

This Agreement may be modified by mutual written agreement of both parents filed with the court. If the court finds the modifications serve the child(ren)'s best interests, it shall approve them (43 O.S. § 109). Either parent may petition for modification upon a showing of a permanent, substantial, and material change in circumstances.

12.2 Integration

This Agreement and the accompanying court order constitute the complete understanding of the parents regarding joint custody.

12.3 Severability

If any provision is unenforceable, the remaining provisions remain in full force and effect.

12.4 Governing Law and Forum

This Agreement is governed by Oklahoma Statutes Title 43 and subject to the continuing jurisdiction of the District Court of [________________________________] County, [____] Judicial District.

12.5 Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures are acceptable.

ARTICLE XIII — AFFIDAVITS AND SIGNATURES

Under 43 O.S. § 109, this Agreement shall be accompanied by an affidavit signed by each parent stating that the parent agrees to the plan and will abide by its terms.

Parent A Affidavit

I, [________________________________], being first duly sworn, state under oath that I have read this Joint Custody Agreement, agree to its terms, and will abide by its provisions. I understand this Agreement will be filed with and subject to approval by the District Court.

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_________________________________
Notary Public, State of Oklahoma
My Commission Expires: [__/__/____]

Parent B Affidavit

I, [________________________________], being first duly sworn, state under oath that I have read this Joint Custody Agreement, agree to its terms, and will abide by its provisions. I understand this Agreement will be filed with and subject to approval by the District Court.

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_________________________________
Notary Public, State of Oklahoma
My Commission Expires: [__/__/____]

ORDER OF THE COURT

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF OKLAHOMA

Case No.: [________________________________]

The Court, having reviewed the foregoing Joint Custody Agreement and accompanying sworn affidavits, and being fully advised, finds that: (1) joint custody serves the best interests of the minor child(ren) under 43 O.S. § 109; (2) the Agreement includes the required provisions for physical living arrangements, child support, medical and dental care, school placement, and visitation; (3) both parents have completed or are enrolled in the mandatory parenting education program under 43 O.S. § 107.2; and (4) the Agreement was entered into voluntarily.

IT IS THEREFORE ORDERED that the foregoing Joint Custody Agreement is approved and incorporated into the orders of this Court, with the following modifications (if any): [________________________________]

IT IS SO ORDERED this [____] day of [________________________________], 20[____].

_________________________________
Judge, District Court
[____] Judicial District
[________________________________] County, Oklahoma

SOURCES AND REFERENCES

• 43 O.S. § 109 — Joint Custody; Best Interest; Plan Requirements; DV Presumptions — OSCN
• 43 O.S. § 107.2 — Mandatory Parenting Education Program — Justia
• 43 O.S. § 109.3 — Evidence of Domestic Abuse in Custody/Visitation Cases — Justia
• 43 O.S. § 111.1A — Standard Visitation Schedule; Advisory Guidelines — Justia
• 43 O.S. § 112.3 — Relocation Notice Requirements — Justia
• 43 O.S. § 113 — Child's Preference; Age 12 Presumption — OSCN
• 43 O.S. § 118 et seq. — Oklahoma Child Support Guidelines
• 22 O.S. § 60 et seq. — Oklahoma Protective Order Act
• AOC Form 76 — Oklahoma Standard Visitation Schedule — OSCN Forms
• Oklahoma District Courts — OSCN