DOCSLIB.ORG

Oklahoma Statutes Title 43. Marriage and Family

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Oklahoma Statutes Title 43. Marriage and Family OKLAHOMA STATUTES TITLE 43. MARRIAGE AND FAMILY §43-1. Marriage defined.........................................................................................................................8 §43-2. Consanguinity...............................................................................................................................8 §43-3. Who may marry............................................................................................................................8 §43-3.1. Recognition of marriage between persons of same gender prohibited.................................10 §43-4. License required.........................................................................................................................10 §43-5. Application - Fees - Issuance of license and certificate.............................................................10 §43-5.1. Premarital counseling.............................................................................................................11 §43-6. License - Contents......................................................................................................................12 §43-7. Solemnization of marriages.......................................................................................................13 §43-7.1. Refusal to solemnize or recognize marriage by religious organization officials - Definitions.14 §43-8. Endorsement and return of license...........................................................................................14 §43-9. Records - Return of original.......................................................................................................15 §43-10. Evidence before issue of license..............................................................................................15 §43-11. Copy of record - Admission as evidence..................................................................................16 §43-14. Penalty for performing unlawful marriage..............................................................................16 §43-15. Miscellaneous offenses - Penalties..........................................................................................16 §43-16. Soliciting in or near court house or grounds prohibited..........................................................16 §43-17. Punishment for violations........................................................................................................17 §43-18. Injunction against violations....................................................................................................17 §43-19. Unlawful sales of papers or instruments relating to marriage licenses - Penalty....................17 §43-20. Computation of time................................................................................................................17 §43-31. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005..............................................................18 §43-32. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005..............................................................18 §43-33. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005..............................................................18 §43-34. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005..............................................................18 §43-35. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005..............................................................18 §43-36. Issuance of license - Delivery to person officiating - Return to licensing authority.................18 §43-37. Repealed by Laws 2004, c. 333, § 2, eff. Jan. 1, 2005..............................................................19 §43-101. Grounds for divorce...............................................................................................................19 §43-102. Residence of plaintiff or defendant.......................................................................................20 §43-103. Venue for any action for divorce, annulment of a marriage or legal separation...................20 §43-104. Personal jurisdiction in certain divorce actions.....................................................................21 §43-104.1. District court referees.........................................................................................................21 §43-105. Petition and summons...........................................................................................................22 §43-106. Response................................................................................................................................22 §43-107. Repealed by Laws 2002, c. 400, § 10, eff. Nov. 1, 2002.........................................................22 §43-107.1. Actions where minor child involved - Delayed final order - Waiver - Completion of educational program - Exceptions.......................................................................................................22 §43-107.2. Actions where minor child involved - Court-ordered educational program.......................23 §43-107.3. Appointment of guardian ad litem - Referral to mediation or counseling - Definitions - False accusations of child abuse or neglect........................................................................................25 §43-107.4. Motion for an emergency custody hearing........................................................................27 §43-108. Parties in equal wrong - Custody of children - Disposition of property.................................28 §43-109. Awarding custody or appointing guardian - Joint custody – Domestic violence, stalking, or harassment – Court considerations....................................................................................................28 §43-109.1. Custody during parents' separation....................................................................................31 §43-109.2. Paternity determination......................................................................................................31 §43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse...........................31 §43-109.4. Grandparental visitation rights...........................................................................................32 §43-109.5. Voluntary relinquishment of physical custody –Presumption............................................37 §43-109.6. Certain information and records to be available to both custodial and noncustodial parent..................................................................................................................................................38 §43-110. Automatic temporary injunction – Temporary orders...........................................................38 §43-110.1. Shared parenting - Policy....................................................................................................43 §43-110.1a. Oklahoma Child Supervised Visitation Program – Policy – Definitions.............................44 §43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation...................................46 §43-111. Indirect contempt for disobedience of certain orders relating to divorce or separate maintenance actions...........................................................................................................................47 §43-111.1. Minimum visitation between noncustodial parent and child – Domestic violence or stalking – Failure to pay child support - Enforcement of visitation order...........................................47 §43-111.1A. Standard visitation schedule – Advisory guidelines.........................................................49 §43-111.2. Civil action for child stealing...............................................................................................51 §43-111.3. Duty to facilitate visitation - Interference with visitation rights of noncustodial parent - Motion for enforcement.....................................................................................................................51 §43-111.4. Protection of child from child abuse or neglect or domestic violence by parent – Suspension of visitation......................................................................................................................54 §43-112. Care and custody of children.................................................................................................54 §43-112.1A. Definitions - Child support - Parental rights and duties – Actions and jurisdiction.........57 §43-112.2. Evidence of ongoing domestic abuse or child abuse - Determinations relating to convicted sex offenders - Presumption...............................................................................................................59 §43-112.2A. Parent's right to change child's residence........................................................................60 §43-112.3. Notice of proposed relocation or change of residence......................................................60 §43-112.4. No duty to maintain stepchildren.......................................................................................67 §43-112.5. Custody or guardianship - Order of preference - Death of custodial parent - Preference of child - Evidence of domestic abuse - Registered sex offenders..........................................................67 §43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking................70
Load more

Recommended publications
  • Alimony, Pensions, and Other Relief
    CHAPTER 6 ALIMONY, PENSIONS, AND OTHER RELIEF JENNIFER HATCH, ESQ. MetroWest Legal Services, Framingham LAURA M. UNFLAT, ESQ. Law Office of Laura M. Unflat, Wellesley Alimony .......................................................................................................................... 187 Statutory Factors ...................................................................................................... 188 How Long Will Alimony Be Paid? ............................................................................. 189 Property Division .......................................................................................................... 190 Marital Home ............................................................................................................ 191 Postponing the Sale of the Marital Home .......................................................... 191 Using the Property as Security to Secure Payments of Child Support .............. 191 Bank Accounts .......................................................................................................... 191 Royalties, Copyrights, and Patents .......................................................................... 191 Anticipated Damages from Lawsuit .......................................................................... 192 Pensions ................................................................................................................... 192 How Do You Know What Property the Other Party Has? ........................................ 192
    [Show full text]
  • Expert Evidence in Favour of Shared Parenting 2 of 12 Shared Parenting: Expert Evidence
    Expert evidence in favour of shared parenting 2 of 12 Shared Parenting: Expert Evidence Majority View of Psychiatrists, Paediatricians and Psychologists The majority view of the psychiatric and paediatric profession is that mothers and fathers are equals as parents, and that a close relationship with both parents is necessary to maximise the child's chances for a healthy and parents productive life. J. Atkinson, Criteria for Deciding Child Custody in the Trial and Appellate Courts, Family Law Quarterly, Vol. XVIII, No. 1, American both Bar Association (Spring 1984). In a report that “summarizes and evaluates the major research concerning joint custody and its impact on children's welfare”, the American Psychological Association (APA) concluded that: “The research reviewed supports the conclusion that joint custody is parent is associated with certain favourable outcomes for children including father involvement, best interest of the child for adjustment outcomes, child support, reduced relitigation costs, and sometimes reduced parental conflict.” best The APA also noted that: the “The need for improved policy to reduce the present adversarial approach that has resulted in primarily sole maternal custody, limited father involvement and maladjustment of both children and parents is critical. Increased mediation, joint custody, and parent education are supported for this policy.” Report to the US Commission on Child and Family Welfare, American Psychological Association (June 14, 1995) The same American Psychological Association adopted
    [Show full text]
  • SAFETY FOCUSED PARENTING PLAN GUIDE for Parents
    SAFETY FOCUSED PARENTING PLAN GUIDE for Parents Developed by the OREGON JUDICIAL DEPARTMENT STATE FAMILY LAW ADVISORY COMMITTEE — Parenting Plan Outreach Workgroup and the OFFICE OF THE STATE COURT ADMINISTRATOR Court Programs and Services Division JUNE 2003 - VERSION #4 CONTACT and COPY INFORMATION For more information about this Guide, contact: COURT PROGRAMS AND SERVICES DIVISION Office of State Court Administrator 1163 State Street Salem, OR 97301-2563 (503) 986-6423 Fax: (503) 986-6419 E-Mail: [email protected] To download copies of this Guide, go to the Website: http://courts.oregon.gov/familylaw and click on the “Parenting Plans” link. COPYRIGHT NOTICE. Copyright 2003, for the use and benefit of the Oregon Judicial Department, all rights reserved. Permission to all Oregon courts is granted for use and resale of this Guide and its component sections for the cost of printing or copying. You may reproduce or copy this material for personal use or non-profit educational purposes but not for resale or other for-profit distribution unless you have permission from the Oregon Judicial Department. Safety Focused Parenting Plan Do you need a Safety Focused Plan? This list can help you decide. Has the other parent: < acted as though violent behavior toward you or your child(ren) is OK in some situations? < damaged or destroyed property or pets during an argument? < threatened to commit suicide? < pushed, slapped, kicked, punched or physically hurt you or your child(ren)? < had problems with alcohol or other drugs? < needed medication to be safe around others? < threatened not to return or not returned your child(ren)? < used weapons to threaten or hurt people? < threatened to kill you, your child(ren) or anyone else? < sexually abused anyone by force, threat of force, or intimidation? < been served a protection or no contact order? < been arrested for harming or threatening to harm you or anyone else? If you answered yes to any of these questions, please continue to take your safety, and your children’s safety, seriously.
    [Show full text]
  • Annulment in DC
    Annulment in D.C. A legal annulment is a judgement of the court that a marriage is invalid. A legal annulment cancels the marriage—the legal effect is as if the marriage had not taken place at all. A religious annulment is different from a legal annulment. Check with your clergy if you want to learn more about religious annulments. A legal annulment is also different from a divorce. A divorce ends a valid marriage. Can I get my marriage annulled? continue to live together as husband and wife after you turned 16 years old; In D.C., annulments are very rare. Marriages can be annulled only in limited circumstances, which do not These are called voidable marriages. occur very often. The law in D.C. allows you to ask the court to annul your marriage only if: However, some marriages are legally void from day one (that is, the people were never legally married at • At the time you married your spouse, one of all). The law in D.C. does not recognize the following you was unable consent to the marriage types of marriages: because of mental incapacity; • You married your spouse as a result of your • The marriage of close relatives or spouse’s force or fraud; • The marriage of any persons, either of whom • At the time you married your spouse, you were has been previously married and whose under 16 years old, and you did not voluntarily previous marriage has not been terminated by continue to live together as husband and wife death or a decree of divorce (that is, one of after you turned 16 years old; the people is still married to someone else).
    [Show full text]
  • Weddings, Engagements, and Anniversaries W Lowell Tribune Index 1950'S Through 2013
    Lowell Tribune Index Weddings, Engagements, and Anniversaries 1950's Through 2013 -- W Name Newspaper Date Page WAADE, WILLIAM H. (Husband)Anniversary 6/14/1962 4 WAADE, (MRS. WILLIAM H.) (Wife) WACHTER, BERNADETTE (Woman)Engagement 11/19/1959 9 KENNING, CLARENCE (Man) WACHTER, CAROL (Woman)Marriage License 4/28/1982 2 KORS. DONALD (JR.) (Man) WACHTER, DANIEL (Man) Marriage License 10/3/1990 2 HERSH, ANGELA (Woman) WACHTER, FRANCIS WILLIAM (Husband)Wedding 4/9/1970 2 DeWITT, LOIS FAYE (Wife) WACHTER, FRANK (Man) Marriage License 1/29/1986 2 SCHREMP, ANN (Woman) WACHTER, JOHN R. (Man) Marriage License 8/10/1994 2 McLEMORE, AIMEE (Woman) WACHTER, LAWRENCE H. (25th) (Husband)Anniversary 1/13/1998 3 WACHTER, ALICE HECK REINHOLT (Wife) WACHTER, MARY (Woman) Marriage License 3/7/1979 2 HEUBNER, HENRY (JR.) (Man) WACHTER, RAY (Husband) Wedding 1/13/1955 7 MAYLONE, MARLYN (Wife) WACHTER, SHARON (Woman)Marriage License 12/5/1990 2 PAUNICKA, CARL (Man) WADDLE, SHERRI (shower) (Wife)Wedding 9/23/1987 14 RAINFORD, GREGG (Husband) WADDLE, SHERRI (Woman)Marriage License 9/30/1987 2 RAINFORD, GREGORY (Man) WADE, DONNA S. (Woman) Marriage License 3/13/1991 2 UTLEY, DARRELL L. (Man) WADE, MELVIN (Man) Marriage License 11/24/1982 3 ?, ROSEANNE (Woman) WADKINS, JAMES (Man) Marriage License 3/29/1989 2 RALPH, MICHELE (Woman) WAELDE, KATHERINE (Woman)Marriage License 8/23/1962 6 MILLER, LARRY S. (Man) Sunday, February 09, 2014 Page 1 of 78 Name Newspaper Date Page WAGENAAR, RICHARD (Man)Marriage License 6/17/1981 2 KINCADE, MELANIE (Woman) WAGGONER, PAUL (Man) Engagement 10/30/1969 2 HASKINS, ROXANNA (Woman) WAGGONER, ROBERT EUGENE (Husband)Wedding 12/14/1961 3 WIDDEL, FLORENCE ELAINE (Wife) WAGNER, ANNETTE (Woman)Marriage License 7/22/1987 3 BOORD, J.
    [Show full text]
  • Research Notes Number 26 Early Virginia Marriage Records
    Marriage records, particularly marriage by publication of banns, were recorded in church registers. The Library Research notes number 26 of Virginia’s church records collection includes records of marriages from several denominations, as well as independent clergy records. Visit the Library’s Web site and consult the Archives and Manuscripts catalog to search for church records. The published Guide to Church Records in the Library of Virginia also lists holdings by denomination. In some cases, the only record of a marriage was the minister’s return and the marriage register kept by the church. Early Virginia Marriage Records A ready-reference notebook with abstracts of Virginia marriage and divorce laws, 1621–1853, is available in the Archives Reading Room. Researchers interested in marriage laws may also wish to consult The Statutes at Large, Before the General Assembly passed a law requiring the systematic statewide recording of vital statistics in 13 vols. (1819–1823; reprint, 1969); the Acts of the General Assembly of Virginia, 1838–1853 (Film 358a); 1853, marriages were recorded by ministers and county clerks. These records are an indispensable source for The Statutes at Large of Virginia, from October Session 1792 to December Session 1806, 3 vols. (1835–1836; the most basic biographical facts about earlier generations of Virginians. Types of records include: reprint, 1970); Session Laws, 1660–1837 (Film 358); and The Laws Respecting Women (1777; reprint, 1974). Marriage statistics for some counties were collected by the secretary of the commonwealth in 1817, 1827, 1837, Marriage License: This form was granted by public officials to couples intending to marry.
    [Show full text]
  • E Boyd and Kendra Daniels Version 9
    POLYGYNY ACCORDING TO THE WORD OF YEHOVAH E Boyd and Kendra Daniels Version 9 Artist Claudia Tremblay - 2 - Version 9 Table of Contents POLYGYNY ACCORDING TO THE WORD OF YEHOVAH ........................................................ - 1 - Definitions............................................................................................................................................. - 5 - Introduction ........................................................................................................................................... - 6 - The Scriptures We Have Found Regarding Polygyny and Our Comments ........................................ - 19 - Genesis 1 – Be Fruitful and Multiply ............................................................................................. - 19 - Genesis 2 – Creation of a Help Meet .............................................................................................. - 19 - Genesis 2 – One Flesh .................................................................................................................... - 21 - Genesis 4 – Lamek Protected After Killing a Man ......................................................................... - 21 - Genesis 20 – King Avimelech Blameless for Taking Another Wife .............................................. - 21 - - Helps the Unloved Wife ..................................................................................... - 22 יהוה – Genesis 29 Genesis 30 – Elohim Blesses Lĕ’ah for Giving Jacob a Wife .......................................................
    [Show full text]
  • Instructions for Guardianship of a Child in Juvenile Court Based on Written Consent of the Parents
    INSTRUCTIONS FOR GUARDIANSHIP OF A CHILD IN JUVENILE COURT BASED ON WRITTEN CONSENT OF THE PARENTS IMPORTANT! READ BEFORE USING THESE FORMS AND INSTRUCTIONS ND Legal Self Help Center staff and Court employees can’t help you fill out the form(s). If you’re unsure how to proceed, or need legal advice or legal representation, consult a lawyer licensed to practice in North Dakota. To protect your rights, carefully read this information and any instructions to which you’re referred. When you represent yourself, you’re expected to know and follow the law, including: • State or federal laws that apply to your case; • Case law, also called court opinions, that applies to your case; and • Court rules that apply to your case, which may include: o North Dakota Rules of Juvenile Procedure; o North Dakota Rules of Civil Procedure; o North Dakota Rules of Court; o North Dakota Rules of Evidence; o North Dakota Administrative Rules and Orders; and o Any local court rules. Links to the state laws, case law, and court rules can be found at www.ndcourts.gov. When you represent yourself, you’re held to the same requirements and responsibilities as a lawyer, even if you don’t understand the rules or procedures. If you’re unsure if these forms and instructions suit your circumstances, consult a lawyer. A glossary with definitions of legal terms is available at www.ndcourts.gov/legal-self-help. These instructions and forms aren’t a complete statement of the law. They cover the basic process for asking a North Dakota Juvenile Court to appointment a guardian of a child because the parents agree in writing.
    [Show full text]
  • Consent to Medical Treatment for Minor Children.Pdf
    Consent to Medical Treatment for Minor Children: Overview of North Carolina Law Jill D. Moore, JD, MPH UNC School of Government April 2015 Who may give consent for a minor to receive medical treatment? It may seem obvious that the answer would be the minor’s parent, and indeed that is the general rule. However, a number of different circumstances may produce a different answer. Some minors are in the custody or care of an adult other than a parent. Sometimes an emergency or other urgent circumstance precludes obtaining parental consent before treatment is provided. In some cases when a parent refuses to consent to treatment, the parents’ decision may be overridden by a court in order to protect the child or the public health. Finally, in some limited circumstances, minors are legally permitted to give consent to treatment on their own. Minor Children and Capacity to Consent to Treatment There are many instances in which the law treats children differently from adults, for clear developmental reasons: children simply are not capable of functioning as adults until they acquire sufficient maturity. For this reason, minor children – persons under the age of 18 – are generally prohibited from carrying out legal acts such as entering contracts. Another way of putting this is to say that minors do not have the legal capacity to carry out the daily affairs of adults. In the context of health care, the general rule is that minors lack the legal capacity to give consent to treatment. Therefore, the general rule is that a minor needs an adult to give consent to health care on the minor’s behalf.
    [Show full text]
  • Child Custody Arrangements: Say What You Mean, Mean What You Say
    Land & Water Law Review Volume 31 Issue 2 Article 15 1996 Child Custody Arrangements: Say What You Mean, Mean What You Say DeNece Day Koenigs Kimberly A. Harris Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Koenigs, DeNece Day and Harris, Kimberly A. (1996) "Child Custody Arrangements: Say What You Mean, Mean What You Say," Land & Water Law Review: Vol. 31 : Iss. 2 , pp. 591 - 621. Available at: https://scholarship.law.uwyo.edu/land_water/vol31/iss2/15 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Koenigs and Harris: Child Custody Arrangements: Say What You Mean, Mean What You Say Comment CHILD CUSTODY ARRANGEMENTS: Say What You Mean, Mean What You Say INTRODUCTION In Wyoming, custody battles place judges and court commissioners in King Solomon's' position nearly everyday as they are asked to split children between divorcing parents.2 Of course, judges and commissioners do not wield swords, but they do use legal terms which are often inade- quate and misused.' Unfortunately, the modem day result, though not as graphic as that from the Bible, is just as severe. As many as one in every two marriages will result in divorce.4 Thirty percent of children today will be the focus of a custody decision., For too many of these children, their lives will be adversely affected by an improper custody arrangement caused by the erroneous use of the term "joint custody." 6 The law as it stands in Wyoming does not adequately consider the non-legal aspects of custody or give practitioners and judges the guidance necessary to make appropriate custody determinations.' Gurney v.
    [Show full text]
  • An Annulment Is a Legal Order Declaring That a Marriage Never Existed
    ANNULMENT 1. What is an Annulment? An annulment is a legal order declaring that a marriage never existed. Annulments are rare and only granted in unusual circumstances. 2. On What grounds can I receive an annulment? You may receive an annulment if: • You and your spouse are related as follows: parent/child, parent/stepchild, grandparent/grandchild, aunt/nephew, uncle/niece. • You did not have the mental capacity to enter into a contract. • You were under the age of 16 when you entered into your marriage. • You were forced to enter into the marriage. • You were fraudulently induced to enter into the marriage. • Your spouse was married to another living spouse at the time you entered into the marriage. 3. May I be granted an annulment if I have only been married a short time? No. The fact that you and your spouse have only been married a short time is not a proper ground for an annulment. If you do not satisfy one of the conditions listed above, then you must file a petition for divorce to dissolve your marriage. 4. May I obtain an annulment if I have had or will have children with my current spouse? O.C.G.A. § 19-4-1 states that “annulments may not be granted in instances where children are born or are to be born as a result of the marriage.” If you and your spouse have children together and believe that you satisfy the requi rements for an annulment, you should speak with an attorney. 5. How long does an annulment take? An order granting an annulment can be issued by a judge 30 days after the other person has been served with a copy of your Petition for Annulment.
    [Show full text]
  • Why We Should Raise the Marriage Age Vivian E
    College of William & Mary Law School William & Mary Law School Scholarship Repository Popular Media Faculty and Deans 2013 Why We Should Raise the Marriage Age Vivian E. Hamilton William & Mary Law School, [email protected] Repository Citation Hamilton, Vivian E., "Why We Should Raise the Marriage Age" (2013). Popular Media. 123. https://scholarship.law.wm.edu/popular_media/123 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/popular_media 5/14/13 Concurring Opinions » Why We Should Raise the Marriage Age » Print - Concurring Opinions - http://www.concurringopinions.com - Why We Should Raise the Marriage Age Posted By Vivian Hamilton On January 30, 2013 @ 6:31 pm In Family Law,Uncategorized | 6 Comments [1]My last series of posts [2] argued that states should lower the voting age, since by mid-adolescence, teens have the cognitive-processing and reasoning capacities required for voting competence. But that is not to say that teens have attained adult-like capacities across all domains. To the contrary, context matters. And one context in which teens lack competence is marriage. Through a single statutory adjustment — raising to 21 the age at which individuals may marry — legislators could reduce the percentage of marriages ending in divorce, improve women’s mental and physical health, and elevate women’s and children’s socioeconomic status. More than 1 in 10 U.S. women surveyed between 2001 and 2002 had married before age 18, with 9.4 million having married at age 16 or younger. In 2010, some 520,000 U.S.
    [Show full text]