1. A. Custody should be awarded or a guardian appointed in the following order of preference according to the best interests of the child to:

   1. 1. A parent or to both parents jointly except as otherwise provided in subsection B of this section;
   2. 2. A grandparent;
   3. 3. A person who was indicated by the wishes of a deceased parent;
   4. 4. A relative of either parent;
   5. 5. The person in whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent; or
   6. 6. Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

2. B. Subject to subsection E of this section, when a parent having physical custody and providing support to a child becomes deceased or when the custody is judicially removed from such parent, the court may only deny the noncustodial parent custody of the child or guardianship of the child if:

   1. 1.

      1. a. For a period of at least twelve (12) months out of the last fourteen (14) months immediately preceding the determination of custody or guardianship action, the noncustodial parent has willfully failed, refused, or neglected to contribute to the child’s support:

         1. (1) in substantial compliance with a support provision or an order entered by a court of competent jurisdiction adjudicating the duty, amount, and manner of support, or
         2. (2) according to such parent's financial ability to contribute to the child's support if no provision for support is provided in a decree of divorce or an order of modification subsequent thereto, and
      2. b. The denial of custody or guardianship is in the best interest of the child;
   2. 2. The noncustodial parent has abandoned the child as such term is defined by Section 7006-1.1 of this title;
   3. 3. The parental rights of the noncustodial parent have been terminated;
   4. 4. The noncustodial parent has been convicted of any crime defined by the Oklahoma Child Abuse Reporting and Prevention Act or any crime against public decency and morality pursuant to Title 21 of the Oklahoma Statutes;
   5. 5. The child has been adjudicated deprived pursuant to the Oklahoma Children’s Code as a result of the actions of the noncustodial parent and such parent has not successfully completed any required service or treatment plan required by the court; or
   6. 6. The court finds it would be detrimental to the health or safety of the child for the noncustodial parent to have custody or be appointed guardian.
3. C. The court may consider the preference of the child in awarding custody of the child if the child is of sufficient age to form an intelligent preference.
4. D. In every case involving the custody of, guardianship of or visitation with a child, the court shall consider evidence of ongoing domestic abuse which is properly brought before it. If the occurrence of ongoing domestic abuse is established by clear and convincing evidence, there shall be a rebuttable presumption that it is not in the best interests of the child to have custody, guardianship or unsupervised visitation granted to the abusive person.

5. E.

   1. 1. In every case involving the custody of, guardianship of or visitation with a child, the court shall determine whether any individual seeking custody or who has custody of, guardianship of or visitation with a child:

      1. a. is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,
      2. b. is residing with a person who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state, or
      3. c. is residing with a person who has been previously convicted of a crime listed in Section 582 of Title 57 of the Oklahoma Statutes.

   2. 2. There shall be a rebuttable presumption that it is not in the best interests of the child to have custody, guardianship or unsupervised visitation granted to:

      1. a. a person who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,
      2. b. a person who is residing with an individual who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state, or
      3. c. a person who is residing with a person who has been previously convicted of a crime listed in Section 582 of Title 57 of the Oklahoma Statutes.

Laws 1983, HB 1141, c. 269, § 2, emerg. eff. July 1, 1983; Amended by Laws 1988, HB 1710, c. 238, § 5, emerg. eff. June 24, 1988; Amended by Laws 1991, SB 425, c. 113, § 1, eff. September 1, 1991; Amended by Laws 1997, HB 1927, c. 386, § 1, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 2001, HB 1062, c. 141, § 1, emerg. eff. April 30, 2001 (superseded document available); Amended by Laws 2002, HB 2850, c. 413, § 1, eff. November 1, 2002 (repealed by Laws 2003, HB 1816, c. 3, §§ 3 and 4, emerg. eff. March 19, 2003); Amended by Laws 2002, SB 1329, c. 445, § 1, eff. November 1, 2002 (superseded document available); Amended by Laws 2003, HB 1816, c. 3, §§ 3 and 4, emerg. eff. March 19, 2003 (superseded document available).