In Oklahoma custody cases, one of the most common questions parents ask is whether the court will listen to the child’s preference. While children’s wishes are taken into consideration, they are not the only factor courts look at when deciding custody. Oklahoma law focuses on what is in the best interests of the child, and child preference is just one piece of the puzzle.
How Oklahoma Law Handles Child Preference
Under 43 O.S. § 113, Oklahoma courts may consider a child’s custody preference if the child is of sufficient age, maturity, and understanding. However, there is no specific age at which a child can decide outright where they want to live.
Instead, the court evaluates:
- The child’s maturity level and reasoning ability.
- Whether the preference is based on sound judgment or temporary dissatisfaction (such as stricter rules at one parent’s home).
- Whether one parent is improperly influencing the child’s decision.
Does the Child Decide Custody?
In Oklahoma, children do not have the final say in custody decisions, regardless of age. Even teenagers who express a clear preference cannot unilaterally choose their living arrangements.
The court considers child preference alongside other best interest factors, including:
- Each parent’s ability to provide a safe and stable home.
- Emotional bonds between the child and each parent.
- School and community ties.
- Any history of abuse, neglect, or substance abuse.
When Will a Judge Talk to the Child?
If the court decides to hear the child’s wishes, they will usually do so in the judge’s chambers rather than open court to protect the child from stress and parental pressure. Attorneys may be present, and the conversation is often private to keep the child comfortable and candid.
Can Child Preference Affect Modifications?
If circumstances have changed since the original custody order—such as an older child wanting to live with the other parent—the court may consider the child’s preference when deciding whether to modify custody. However, the requesting parent must still show that a change serves the child’s best interests.
Tulsa Child Custody Attorneys
We help parents navigate custody issues while protecting their children’s well-being. Whether you are involved in an initial custody case or seeking to modify an existing order, we are here to guide you every step of the way. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.