Oklahoma Statutes
Okla. Stat. tit. 10, § 7800 (2026)
Custody of a child born out of wedlock
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Except as otherwise provided by law, the mother of a child born out of wedlock has custody of the child until determined otherwise by a court of competent jurisdiction. Added by Laws 2010, c. 358, § 1, emerg. eff. June 7, 2010. Amended by Laws 2011, c. 51, § 1, eff. Nov. 1, 2011.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2015–2026 · leading case: Jensen v. Poindexter, 2015 OK 49.
Jensen v. Poindexter, 2015 OK 49. “While 10 O.S. 2011 § 7800 and its predecessor vests a mother with custody prior to a court order adjudicating paternity, it does not eliminate the intrinsic constitutional rights vested in a natural parent--in this case there was no dispute over father's biological relationship…”
Jones v. Pack, 2018 OK CIV APP 3, 408 P.3d 628. “" 10 O.S.2011 § 7800. No court has determined that Mother does not have custody of JCA.”
McClure, No. 4:25-cv-00373 (N.D. Okla. June 9, 2026). “under Okla. Stat. tit. 10, § 7800 and Okla. Stat.”
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