Legal Question in Family Law in Oklahoma

Custody modification

In the State of Oklahoma, at what age can a child of divorced parents petition the courts to allow them to choose the parent they choose to live with?

Asked on 12/03/01, 1:29 pm

1 Answer from Attorneys

Lisa Bohannan The Bohannan Law Office, P.C.

Re: Custody modification

Contrary to popular belief, there is no "magic age" at which a child may do this. In any action for divorce in which custody is at issue the court may take the child's preference into consideration. The court first has to determine whether the best interest of the child will be served by the child's expression of their preference. If so, the child may then express their preference and give other testimony if necessary. The court may consider the child's preference but is not bound by it.

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Answered on 12/03/01, 2:32 pm

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