Oklahoma Statutes
Okla. Stat. tit. 43, § 109.3 (2026)
Custody, guardianship or visitation cases - Evidence of
✓ current as of July 2026
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domestic abuse.
In every case involving the custody of, guardianship of or visitation with a child, the court shall consider evidence of domestic abuse, stalking and/or harassing behavior properly brought before it. If the occurrence of domestic abuse, stalking or harassing behavior is established by a preponderance of the evidence, there shall be a rebuttable presumption that it is not in the best interest of the child to have custody, guardianship, or unsupervised visitation granted to the person against whom domestic abuse, stalking or harassing behavior has been established. Added by Laws 2006, c. 284, § 7, emerg. eff. June 7, 2006.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2018–2025 · leading case: Mann v. Mann, 316 Neb. 910 (Neb. 2024).
Mann v. Mann, 316 Neb. 910 (Neb. 2024). “Okla. Stat. Ann. tit. 43, § 109.3 (West 2016).”
In Re the Marriage of Jones, 2018 OK CIV APP 68 (Okla. Civ. App. 2018). “§ 113, is that correct?" Mother's counsel responded, "43 O.S. § 109.3." The trial court announced "Okay.”
In the Marriage of: Skoch v. Skoch, 2025 OK CIV APP 33 (Okla. Civ. App. 2025). “43 O.S. 2021 § 109.3 In every case involving the custody of, guardianship of or visitation with a child, the court shall consider evidence of domestic abuse, stalking and/or harassing behavior properly brought before it.”
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