The Oklahoma Bar Journal January 2026

F amily L aw

What Does ‘Primary’ Mean? By Aaron Bundy

T HE PHRASE “PRIMARY CUSTODIAN” CAN CARRY SIGNIFICANT WEIGHT in Oklahoma child custody matters, even though it does not appear in the statutes and is only occasionally referenced in appellate decisions. For practitioners outside the family law arena, this can be a source of confusion: How can a term with little statutory grounding exert such influence in custody disputes? The reality is that, while Oklahoma law formally recognizes legal custody categories such as joint legal custody, joint physical custody and sole custody, litigants and their counsel frequently focus their battles on the label of “primary.”

the Oklahoma Supreme Court issued the Boatman decision. 4 When parents share joint legal custody, and one parent asks to relocate with a minor child, the trial court “must make a determination regarding who is the primary physical custodian.” 5 In light of the progressive amendment of Okla. Stat. tit. 43 §110.1 and a general trend toward joint custody, the “primary” des ignation has become a new battle ground for child custody disputes. As the Oklahoma Statutes do not use the word, a preliminary question is, “What does ‘primary’ mean?” Does it mean which parent has more time? Does it mean which school district the child attends? Does it mean who receives child support? Does it mean which parent has final deci sion-making authority? In Boatman , the Oklahoma Supreme Court found that the mother was not the primary

This designation is more than a semantic flourish. Parties often believe – sometimes rightly or wrongly – that being identified or designated as the “primary parent” will shape issues such as relocation disputes, school district determina tions or how day-to-day parenting authority is perceived. For lawyers navigating custody negotiations and litigation, understanding the practical use and limits of this term is essential. Even though it lacks a codified definition, “primary” status can be very important in certain custody arrangements. This article addresses how that term is used and the significance under statute and precedent. Custody of a child is a broad term that generally means the right to care and control the child. 1 The concept of child custody “embraces the sum of parental rights with respect to the rearing of a child.” 2 Outside the juvenile deprived and delinquent

arenas, there are two major stat utory titles that deal with child custody in Oklahoma: Title 10 and Title 43. Oklahoma Statutes recognize three types of custody: joint legal custody, joint physical custody and sole custody. 3 When awarding custody or appointing a general guardian for a child, Okla. Stat. tit. 43 §109 requires courts to “consider what appears to be in the best interests of the physical and mental and moral welfare of the child.” Recently, Okla. Stat. tit. 43 §110.1 was amended by the Legislature in a way that has been viewed as part of a national trend toward a presumption for joint custody and shared parenting for divorcing parents. No Oklahoma statute references a “primary” parent. The concept of a “primary” parent is a creature of case law and artful lawyering. The notion of which parent is a “pri mary physical custodian” took on special significance in 2017, when

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

52 | JANUARY 2026

THE OKLAHOMA BAR JOURNAL