A. Unless prohibited by law, the child, child's attorney, guardian ad litem, or a party may request a judicial interview. The decision to conduct a judicial interview is within the judicial officer's discretion and may be at the judicial officer's own initiative.
§ 3404.Uniform Judicial Interview of Children Act - Request For Judicial Interview - Discretion of Judicial Officer - Best Interest Factors - Training Requirements
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLets the child, the child's attorney, a guardian ad litem, or a party request a judicial interview, leaves the decision to the judicial officer's discretion (including on the officer's own initiative), lists seven best-interest factors to weigh, and requires the interviewing judicial officer to have training in interviewing children.
Full Text of § 3404
B. A judicial officer may conduct a judicial interview if the judicial officer determines the judicial interview is in the child's best interest and the requirements of other law are met.
C. Except as provided by law, in deciding whether a judicial interview is in the child's best interest, the judicial officer shall consider the child's expressed desire to communicate or not communicate with the judicial officer and, to the extent applicable and readily ascertainable:
1. The likelihood that the judicial interview will assist the judicial officer in adjudicating the covered proceeding;
2. The child's age, maturity, and capacity to formulate and communicate views to the judicial officer;
3. The likely benefit to the child from the judicial interview;
4. The potential harm to the child from the judicial interview, including embarrassment, harassment, retaliation, or breach of a relationship, and the judicial officer's ability to mitigate harm while still eliciting the child's views;
5. The availability and suitability of other processes to elicit the child's views;
6. The likelihood that conducting the judicial interview may facilitate recognition or enforcement in another state or foreign court of the decision in the covered proceeding; and
7. Any other relevant factor.
D. A judicial officer who conducts a judicial interview shall have training in interviewing a child in accordance with judicial standards established under the laws of this state.
Amendment History
Added by Laws 2026, c. 298,s. 4, eff. 11/1/2026.
Plain-English Summary
Section 3404 puts the decision whether to interview a child squarely in the judicial officer's hands. The child, the child's attorney, a guardian ad litem, or a party may ask for an interview, and the judicial officer can also decide to conduct one without anyone asking. Either way, it happens only if the officer determines it serves the child's best interest and other legal requirements are met.
In weighing best interest, the officer must consider the child's own expressed wish to communicate or not, plus -- where applicable and readily knowable -- how much the interview would help resolve the case, the child's age, maturity, and capacity to communicate, the interview's likely benefit, its potential harm (including embarrassment, harassment, retaliation, or damage to a relationship) weighed against the officer's ability to limit that harm, whether other ways exist to learn the child's views, whether the interview might help another state or country recognize the resulting decision, and any other relevant factor. Whoever conducts the interview must have training in interviewing children under the state's judicial standards.
Frequently Asked Questions
Who can ask a judge to interview a child in a custody case?
The child, the child's attorney, a guardian ad litem, or a party may request it, and unless prohibited by law, the judicial officer may also decide to conduct one on their own initiative.
Does the judge have to interview the child if someone asks?
No. The decision is within the judicial officer's discretion, based on whether the officer determines the interview is in the child's best interest and other legal requirements are met.
What does the judge consider in deciding whether to interview my child?
The child's own expressed desire to communicate, plus factors like the likely benefit and potential harm of the interview, the child's age and maturity, the availability of other ways to learn the child's views, and any other relevant factor.
Does the potential for embarrassment or retaliation against the child matter?
Yes. The judicial officer must weigh the potential harm to the child, including embarrassment, harassment, retaliation, or breach of a relationship, against the officer's ability to mitigate that harm.
Does the judge need special training to interview a child?
Yes. A judicial officer who conducts a judicial interview must have training in interviewing a child under the judicial standards established by state law.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: requesting judicial interview of child oklahomabest interest factors judicial interview children act12 O.S. § 3404judge training child interview oklahoma