Meaning of the Primary Parent Designation in Oklahoma

The Oklahoma Bar Journal published a significant legal analysis by Aaron Bundy in its January 2026 issue. This feature examines the critical yet ambiguous concept of the ‘primary parent’ designation in child custody matters in Oklahoma, a term that lacks a formal definition within Oklahoma law.

The research for this article grew out of a specific relocation trial handled by partner Danya Bundy. In that case, the client sought to move with her child despite an existing custody order that provided for joint legal custody and equal parenting time without a designated ‘primary parent.’ By dissecting every available appellate case that used the term ‘primary,’ Oklahoma family lawyers Aaron and Danya established specific elements to identify who truly functioned as the primary caregiver. Danya then used these findings to draft cross-examination chapters that successfully convinced the trial court of the client’s status as the primary parent, ultimately securing the right to relocate.

Aaron’s article serves as a vital guide for practitioners who must handle the inherent uncertainties of a term that appears in case law but never in the statutes. The author explains that the phrase primary physical custodian gained immense importance following the Oklahoma Supreme Court’s Boatman decision. When parents share joint legal custody and one seeks to relocate, the trial court is now required to determine who holds this designation. This has turned the label into a modern battleground for families and their counsel.

When an order is silent on this matter, courts must look backward at the day-to-day reality of the parenting relationship. The author cites various appellate decisions to illustrate what factors judges consider when identifying a primary caregiver. These factors often include which parent manages medical needs, assists with schoolwork, hosts class parties, and handles the mundane tasks of a child’s daily routine. One recent decision suggested that the label might simply apply to the parent who has actual physical custody for more than half of the year, though this approach risks oversimplifying the deep responsibilities of raising a child.

For those drafting future agreements, Aaron emphasizes the necessity of defining this term explicitly within the text of the order. He warns that without a clear definition, the title does not automatically grant a parent more time or superior decision-making authority. Instead, the designation often shapes school district determinations and how a parent’s authority is perceived by third parties. By addressing these issues during the negotiation phase, lawyers can prevent the need for future litigation based on hindsight and historical analysis.

The publication of his work by the Oklahoma Bar Journal reflects Aaron’s commitment to providing clarity in difficult legal areas. The goal is to provide clarity and prevent future conflict by ensuring that custody orders are drafted with precision. This level of care helps protect the best interests of children while providing parents with a clear understanding of their ongoing rights and responsibilities.

The full January 2026 issue of the Oklahoma Bar Journal is available for review here.