Mandatory 50/50 Custody is a trend gaining traction in the State when it comes to child custody. In 2026, the short answer is yes, Oklahoma is making its most significant push yet toward a “presumption” of 50/50 custody. While the “best interests of the child” remains the ultimate legal standard, the framework for how judges reach that decision is undergoing a major shift. Here is the breakdown of the current landscape for 2026:

1. The 2026 “Rebuttable Presumption” (SB 1708)

The most critical move toward Mandatory 50/50 Custody is the introduction of SB 1708 in the 2026 Regular Session. This bill aims to establish a rebuttable presumption that joint legal custody, joint physical custody, and equally shared parenting time are in the best interest of the child.

• What this means: Instead of starting from a “blank slate” where a judge decides who the primary parent should be, the court would start with the assumption that a mandatory 50/50 custody split is best.
• The Burden of Proof: To get a different result, a parent would have to provide a “preponderance of evidence” showing that mandatory 50/50 custody is not in the child’s best interest.

2. The Shift from “Checkbook” to “Caregiver”

Lawmakers (specifically Reps. Mark Tedford and Erick Harris) have been vocal about modernizing Oklahoma’s “outdated” laws. The 2026 legislative focus is on ensuring parents are on equal footing from day one.+1

• The Philosophy: Moving away from the idea that one parent is the “caregiver” and the other is just a “checkbook.”
• The Trend: Reducing high-conflict litigation by removing the “winner-takes-all” incentive for seeking primary custody.

3. Safety Exceptions & Rebuttals

Even with a move toward 50/50, Oklahoma law remains strict on safety. Under the 2026 updates (Title 43, Section 112.5):

• Abuse/Violence: If there is evidence of domestic violence, stalking, or harassment, the presumption of 50/50 is immediately replaced by a presumption that shared custody is detrimental to the child.
• Fitness Factors: Judges still look at substance abuse, criminal history, and the emotional stability of each parent’s home environment.

4. Why This is Trending for Your Blog

This is a “hot” topic in 2026 family law because it changes the strategy for almost every new divorce or paternity case in Oklahoma.

• For Fathers: It represents a historic shift toward equal rights without having to “prove” the mother is unfit. The days of fathers’ rights being discounted are gone.
• For Mothers: It emphasizes the need for documented evidence if a 50/50 split is genuinely unworkable or unsafe. Although mothers’ rights are still intact, the movement towards Mandatory 50/50 Custody is an effort to strengthen the family by involving both parents in raising the child.
• For the Courts: It encourages the use of Parenting Coordinators and mediation to make equal time work, rather than just defaulting to one “primary” home.

Contact a Rogers County Custody Attorney That’s In Your Corner

Mandatory 50/50 Custody is the trend in Rogers County child custody. Oklahoma is moving toward a legal “starting line” of 50/50. While it isn’t a “mandatory” 50/50 rule (judges still have the final say), the legal burden has shifted. The days of child custody based on which parent is the mother or the father is long since past. The days of gender preference are gone. If you want something other than equal time, you now have to prove why that’s better for the child. To get a free consultation with a Rogers County child custody attorney at Kania Law – Claremore Attorney, call 918.379.4872. Or if you like, you can follow this link to ask a free online legal question.