The Oklahoma Bar Journal January 2026

As indicated by statutory silence and case law, there is no requirement that, in the event of divorce or separation, either parent should be designated ‘primary’ for any purpose, unless the parties so agree or the court makes that determination. When designating a parent as ‘primary’ in a child custody order, the term should be defined.

receives child support. It is well established that even a custodial parent may be the child support obligor. 10 Unless it is specifically defined, designating a parent as “primary” in a joint custody plan does not necessarily mean that parent has more time than the other, nor does it give that parent superior decision-making authority or final say in any respect. A 2021 unpublished decision from the Oklahoma Court of Civil Appeals, In re the Marriage of Dressler , 11 provided a definition of “primary physical custodian.” In Dressler , the parents shared joint custody under a decree that stated the mother “shall be the physical custodian of the child at all times not specifically granted to [the father],” which resulted in the mother having the child for a majority of overnights (64.4%). When the mother provided notice

of her intent to relocate, the trial court determined that the father should be the primary physical custodian, which then, in the trial court’s view, rendered the relo cation issue moot. The mother appealed. In Dressler , the Court of Civil Appeals reversed the trial court’s decision, finding it was an abuse of discretion. The appellate court clarified that the trial court’s first step should have been to determine “who is the primary physical custodian,” not who should be going forward. The appellate court suggested that this is a retrospective view rather than a current or prospective one. The panel interpreted the phrase “primary physical custodian” to “simply mean the parent who has actual physical custody of the child the majority of the time.” This decision underscores that

He addressed many of the extra curricular needs of his children, especially with regard to sports, and spent considerable time with the children, often picking them up from school and providing tutoring. However, under the facts of that case, the mother was deter mined to be the primary parent. Since Boatman , the question remains: If a decree grants joint custody but fails to label a “pri mary” parent, how does a court decide who holds the presumptive right to relocate? Absent a court order designating one parent as the “primary physical custodian,” the primary parent inquiry is largely backward-looking. It is a highly fact-sensitive analysis based on the minutiae of day-to-day parenting and decision-making. What does “primary” not mean? It may not have anything to do with which parent pays or which parent

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.

54 | JANUARY 2026

THE OKLAHOMA BAR JOURNAL