SOLE CUSTODY AGREEMENT

State of Oklahoma — District Court

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

ARTICLE I — PARTIES AND CHILDREN

1.1 Custodial Parent

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

1.2 Noncustodial Parent

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

1.3 Minor Child(ren)

1.4 Oklahoma Statutory Basis and Best Interest Standard

Under 43 O.S. § 109(A), in awarding custody of a minor child, the court shall consider what appears to be in the best interests of the physical, mental, and moral welfare of the child. Oklahoma does not enumerate a statutory list of best-interest factors; the court exercises broad discretion.

The Parents agree that sole custody to the Custodial Parent serves the child(ren)'s best interests for the following reasons:

☐ History of domestic violence, stalking, or harassment by the noncustodial parent — 43 O.S. § 109 rebuttable presumption applies
☐ Substance abuse or addiction affecting the noncustodial parent's ability to parent
☐ Significant geographic distance between parents' residences
☐ Inability of parents to cooperate effectively in joint decision-making
☐ Incarceration of the noncustodial parent
☐ Abandonment or prolonged absence of the noncustodial parent
☐ Mental health condition affecting the noncustodial parent's parenting capacity
☐ History of child abuse or neglect (DHS/OKDHS involvement)
☐ Noncustodial parent's voluntary agreement to sole custody arrangement
☐ Other: [________________________________]

Detailed basis: [________________________________]
[________________________________]

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

☐ Custodial Parent completed program on [__/__/____] — Provider: [________________________________]
☐ Noncustodial Parent completed program on [__/__/____] — Provider: [________________________________]
☐ To be completed within [____] days of filing

ARTICLE II — SOLE LEGAL CUSTODY

2.1 Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren) and the exclusive right and responsibility to make all major decisions regarding the child(ren), including but not limited to:

• Education: School enrollment, withdrawal, transfer, special education services, IEP participation, tutoring, and school choice (public, private, charter, virtual, or homeschool)
• Healthcare: Selection of physicians, dentists, and specialists; authorization of medical, surgical, and dental treatment; mental health counseling and therapy; prescription medications
• Religious Upbringing: Religious instruction, participation, and observance
• Extracurricular Activities: Sports, arts, clubs, and other activities
• Travel: Domestic and international travel with the child(ren)
• Legal Matters: Legal proceedings or decisions affecting the child(ren)
• General Welfare: All other major decisions affecting the child(ren)'s physical, mental, and moral welfare

2.2 Consultation Rights of Noncustodial Parent

☐ The Custodial Parent is encouraged, but not required, to consult with the Noncustodial Parent regarding major decisions.

☐ The Custodial Parent shall notify the Noncustodial Parent of major decisions within [____] days of making them, but the Noncustodial Parent does not have veto authority.

☐ The Noncustodial Parent has no consultation rights due to: [________________________________]

2.3 Emergency Decisions

The Custodial Parent has full authority to make all emergency decisions. If the child(ren) are with the Noncustodial Parent at the time of an emergency, the Noncustodial Parent may authorize emergency medical treatment and shall immediately notify the Custodial Parent.

ARTICLE III — SOLE PHYSICAL CUSTODY

3.1 Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:
[________________________________]
[________________________________]

The Custodial Parent has authority over all day-to-day decisions regarding the child(ren)'s care, activities, routines, discipline, and daily schedule.

3.2 School Enrollment

The child(ren) shall be enrolled in: [________________________________]
School District: [________________________________]
The Custodial Parent has sole authority to make decisions regarding school enrollment and transfer.

ARTICLE IV — NONCUSTODIAL PARENT VISITATION / PARENTING TIME

4.1 Visitation Type

Select the applicable visitation arrangement:

☐ Standard Visitation (43 O.S. § 111.1A / AOC Form 76)
The Noncustodial Parent shall have parenting time consistent with the Oklahoma Standard Visitation Schedule advisory guidelines:
- Alternating weekends: Friday at 6:00 PM to Sunday at 6:00 PM
- One midweek visit: [________________________________] from [____] to [____]
- Extended summer: [____] weeks during summer vacation, with [____] days' advance written notice
- The noncustodial parent is responsible for transportation unless otherwise agreed
- Both parents shall have liberal telephone communication with the child(ren)

☐ Expanded Visitation Schedule
- Alternating weekends: Friday after school to Monday morning (school drop-off)
- Midweek overnights: [________________________________] after school to [________________________________] morning (school drop-off)
- Extended summer: [____] weeks (consecutive or non-consecutive), with [____] days' advance written notice
- Additional time: [________________________________]

☐ Restricted / Supervised Visitation
Supervised visitation is ordered due to:
☐ Domestic violence (43 O.S. § 109 rebuttable presumption)
☐ Substance abuse
☐ History of child abuse or neglect
☐ Mental health concerns
☐ Protective order in effect (22 O.S. § 60 et seq.)
☐ Court order requiring supervision
☐ Other: [________________________________]

Supervised visitation terms:
- Frequency: [________________________________]
- Duration: [________________________________]
- Supervisor: ☐ Professional supervised visitation provider ☐ Approved family member: [________________________________]
- Location: ☐ Oklahoma supervised visitation center: [________________________________] ☐ Other: [________________________________]
- Cost of supervision: ☐ Noncustodial Parent ☐ Shared ☐ Other: [________________________________]
- Conditions: [________________________________]
- Review: Supervision requirements shall be reviewed every [____] months. The Noncustodial Parent may petition for modification upon demonstrating: [________________________________]

☐ Graduated / Step-Up Visitation
Visitation shall increase gradually as follows:
- Phase 1 ([____] months): [________________________________]
- Phase 2 ([____] months): [________________________________]
- Phase 3 (ongoing): [________________________________]
- Progression to the next phase requires: [________________________________]

☐ No Visitation
Visitation is denied based on: [________________________________]
The Noncustodial Parent may petition the Court for visitation when: [________________________________]

☐ Custom Schedule: [________________________________]
[________________________________]

4.2 Age-Appropriate Graduated Schedule (Children Under 5)

Oklahoma's AOC advisory guidelines recommend graduated visitation for young children:

☐ Not applicable — All children are age 5 or older.
☐ Child under age 2: [________________________________]
☐ Child age 2-5: [________________________________]

4.3 Holiday Schedule

Holiday visitation supersedes the regular schedule.

4.4 Vacation Time

The Noncustodial Parent may have up to [____] weeks of vacation time per year with the child(ren), subject to:
- At least [____] days' advance written notice to the Custodial Parent
- Vacation time shall not unreasonably interfere with the child(ren)'s school schedule
- The Custodial Parent may object within [____] days; disputes shall be resolved through mediation
- International travel requires: ☐ Custodial Parent's written consent ☐ Court approval

4.5 Exchanges

Exchange Location:
☐ School (during school year)
☐ Custodial Parent's residence
☐ Noncustodial Parent's residence
☐ Neutral public location: [________________________________]
☐ Police station or public safety building (when safety concerns exist)

Transportation:
☐ Noncustodial Parent provides all transportation (consistent with AOC advisory guidelines)
☐ Receiving parent picks up
☐ Shared equally
☐ Other: [________________________________]

ARTICLE V — COMMUNICATION

5.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the Noncustodial Parent and the child(ren):
☐ At mutually agreed reasonable times
☐ Daily at approximately [____] for up to [____] minutes
☐ On the following schedule: [________________________________]
☐ Communication restricted to: [________________________________]

5.2 Communication Between Parents

Parents shall communicate about the child(ren) through:
☐ Any reasonable method
☐ Co-parenting application only: [________________________________]
☐ Written communication only (email or co-parenting app)
☐ Through attorneys only (due to protective order or court directive)

5.3 Information Access

The Noncustodial Parent shall have access to the child(ren)'s school, medical, dental, and mental health records, unless restricted by court order or protective order. The Noncustodial Parent may contact providers directly for information.

The Custodial Parent shall provide copies of report cards and significant medical information to the Noncustodial Parent within [____] days of receipt.

5.4 Emergency Notification

The Custodial Parent shall notify the Noncustodial Parent within 24 hours of any emergency, serious illness, injury, hospitalization, or involvement with law enforcement or DHS/OKDHS concerning the child(ren).

ARTICLE VI — 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 or visitation. The court shall first determine whether allowing the child to express a preference serves the child's best interest. If so, the court may consider the child's preference but is not bound by it.

☐ No child is currently age 12 or older.
☐ The following child(ren) are age 12 or older and may express a preference if circumstances warrant: [________________________________], Age [____]

Neither parent shall pressure, coach, or manipulate any child regarding custody preferences.

ARTICLE VII — DOMESTIC VIOLENCE AND SAFETY PROVISIONS

7.1 Rebuttable Presumption (43 O.S. § 109)

Under 43 O.S. § 109, a court determination that domestic violence, stalking, or harassment has occurred creates a rebuttable presumption that custody or shared parenting with the perpetrator is detrimental to the child and not in the child's best interest. The court must consider the safety and well-being of the child and of the parent who is a victim as a primary factor.

☐ This presumption applies to this case. The perpetrator is: [________________________________]
The presumption has been addressed by awarding sole custody to the victim parent.

☐ This presumption does not apply.

7.2 Protective Orders (22 O.S. § 60 et seq.)

☐ No protective orders are currently in effect.
☐ A protective order is in effect:
- Case No.: [________________________________]
- Issuing Court: District Court of [________________________________] County
- Expiration Date: [__/__/____]
- This Agreement's provisions are consistent with the protective order.

7.3 Safety Conditions on Visitation

☐ No additional safety conditions required.
☐ The following conditions apply to the Noncustodial Parent's visitation:
☐ No alcohol or drug use within [____] hours of or during visitation
☐ Random drug/alcohol testing at Noncustodial Parent's expense
☐ Completion of batterer intervention program / anger management: [________________________________]
☐ Completion of substance abuse treatment: [________________________________]
☐ Completion of parenting classes beyond the mandatory 43 O.S. § 107.2 requirement
☐ Mental health evaluation and compliance with treatment recommendations
☐ No contact with specific individuals during visitation: [________________________________]
☐ GPS monitoring or check-in requirements: [________________________________]
☐ Other: [________________________________]

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

8.1 Custodial Parent Relocation

Under 43 O.S. § 112.3, the Custodial Parent must provide written notice by certified mail at least 60 days before relocating the child(ren)'s principal residence more than 75 miles. The notice must include the intended address, telephone number, date of move, reasons, and a proposed revised visitation schedule.

The Noncustodial Parent may object by filing a motion with the District Court within 30 days. Until the court rules, the existing arrangement remains in effect.

8.2 Geographic Restrictions

☐ No geographic restrictions on the Custodial Parent's residence beyond statutory notice requirements.
☐ The Custodial Parent agrees to reside within [________________________________] during the term of this Agreement.
☐ The Custodial Parent may relocate within the state of Oklahoma without restriction, with [____] days' notice.

8.3 Failure to Provide Notice

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

ARTICLE IX — COVENANTS AND RESTRICTIONS

9.1 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or household members in the presence or hearing of the child(ren).

9.2 No Parental Alienation

Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent or undermine the parent-child relationship.

9.3 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.

9.4 Firearms Safety

All firearms shall be stored unloaded in a locked container or with a trigger lock, with ammunition stored separately, inaccessible to the child(ren).

9.5 Timely Return of Child(ren)

The Noncustodial Parent shall return the child(ren) at the scheduled time and location. Late returns without prior notice and good cause constitute a material breach.

9.6 Address and Contact Updates

Each parent shall notify the other within [____] days of any change in address, phone number, or employment. Each parent shall keep the other informed of current contact information.

ARTICLE X — DISPUTE RESOLUTION

10.1 Mediation

Before filing any court motion to enforce or modify this Agreement, the parties shall attempt mediation with a qualified Oklahoma family law mediator, except when domestic violence, stalking, harassment, or emergency circumstances exist.

10.2 Court Jurisdiction

All proceedings to interpret, enforce, or modify this Agreement shall be filed in the District Court of [________________________________] County, [____] Judicial District, State of Oklahoma. This court retains continuing, exclusive jurisdiction.

10.3 Attorney Fees

The prevailing party in any enforcement proceeding may be awarded reasonable attorney fees and costs, subject to court approval.

ARTICLE XI — FINANCIAL PROVISIONS

11.1 Child Support

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

11.2 Health Insurance

☐ Custodial Parent ☐ Noncustodial Parent shall maintain health, dental, and vision insurance for the child(ren).

11.3 Uninsured Medical Expenses

☐ Custodial Parent 100% ☐ Equally (50/50) ☐ Proportionally: Custodial [____]% / Noncustodial [____]%

11.4 Tax Dependency

☐ Custodial Parent claims every year ☐ Alternating ☐ Split: [________________________________]

ARTICLE XII — MODIFICATION

This Agreement may be modified upon a showing of a permanent, substantial, and material change in circumstances directly affecting the child(ren)'s best interests (Gibbons v. Gibbons, 1968 OK 77) or by mutual written agreement filed with and approved by the court.

ARTICLE XIII — SIGNATURES AND VERIFICATION

Custodial Parent:

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

Noncustodial Parent:

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

VERIFICATION

STATE OF OKLAHOMA )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], being first duly sworn upon oath, state that I am the ☐ Custodial Parent ☐ Noncustodial Parent in the above-captioned matter, that I have read the foregoing Sole Custody Agreement, and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________

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

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

ORDER OF THE COURT

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

Case No.: [________________________________]

The Court, having reviewed the foregoing Sole Custody Agreement and being fully advised in the premises, finds that: (1) sole custody to the Custodial Parent serves the best interests of the minor child(ren) under 43 O.S. § 109; (2) the visitation provisions for the Noncustodial Parent are reasonable and appropriate under the circumstances; (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 by both parents.

☐ The Court further finds that a rebuttable presumption against custody to the Noncustodial Parent applies under 43 O.S. § 109 due to a determination of domestic violence, stalking, or harassment, and that sole custody to the Custodial Parent is appropriate.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Sole Custody Agreement is approved and incorporated into the orders of this Court.

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

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

SOURCES AND REFERENCES

• 43 O.S. § 109 — Best Interest of Child; Custody; DV Rebuttable Presumption — OSCN
• 43 O.S. § 109.3 — Evidence of Domestic Abuse in Custody Cases — Justia
• 43 O.S. § 107.2 — Mandatory Parenting Education — Justia
• 43 O.S. § 111.1A — Standard Visitation Schedule; Advisory Guidelines — Justia
• 43 O.S. § 112 — Care and Custody of Children — Justia
• 43 O.S. § 112.3 — Relocation Notice (75-mile / 60-day rule) — Justia
• 43 O.S. § 113 — Child's Preference; Age 12 Presumption — OSCN
• 22 O.S. § 60 et seq. — Oklahoma Protective Order Act
• AOC Form 76 — Oklahoma Standard Visitation Schedule — OSCN Forms
• Gibbons v. Gibbons, 1968 OK 77 — Modification standard
• Oklahoma District Courts — OSCN