Oklahoma Defines Child’s Best Interests to Include Access for Both Parents

On May 19, 2025, Oklahoma Governor Kevin Stitt signed the Uniform Child Protection Act into law. The law provides stronger legal protections for children at risk of being taken or concealed during a custody dispute. The new law allows courts to take preventative measures when there is evidence that a child is at risk of being taken.

Notably, the Act says a court must decide what the best interest “is” for the child and not what “appears to be.” It also sets the legal default for a child’s best interest as access to both parents. A parent can file for full custody of a child or children, but they must prove how this serves the best interest of the child.

Full custody would not be an option for sex offenders or violent offenders. A parent on the sex offender or violent offender registry cannot file for full custody.

Defining a Child’s Best Interests Provides Necessary Guidance to Judges and Parents

The child’s best interest standard is designed to put the needs of the child over the desires of the parents. This standard provides a guardrail against parents who attempt to weaponize their child against the other parent in a divorce or custody dispute. More importantly, it puts the children front and center in a custody dispute rather than the parents.   

The problem with the standard is that it is not always clear what is in a child’s best interests. It’s easy to say that we need to prioritize children, but what does that mean in practice? The Uniform Child Protection Act attempts to define the standard by emphasizing that it is in a child’s best interests for both parents to be involved in a child’s life.

Making access to both parents as part of a child’s best interests would go a long way towards eliminating potential sex or gender bias in family law. Some judges still carry a societal bias that children, particularly young children, need to be with their mothers more than their fathers. The new law would potentially eliminate this potential bias from continuing in custody decisions.

There are some instances where a child would be better off not being exposed to a parent, such as if the parent is a sex offender or violent. However, the Act already takes this into consideration and makes such parental status a potential exception to the notion of joint custody for parents. A parent can submit evidence to argue against why custody should be granted or not.

Overall, this is a well-crafted bill for the 21st century that will help overcome potential bias and provide guidance on a well-meaning but vague standard. If the Act is successful in keeping children with their parents, it should be a model for other states to adopt.

Do I Need a Lawyer for My Family Law Issue?

If you have difficulty seeing your child as the holidays approach, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.