Boyle v. Boyle

Although I agree with the result reached by the majority opinion, I cannot concur with that part of the opinion which states “30 O.S. 1971 § 11 is not a gender-based discrimination statute.”

In Gordon v. Gordon, 577 P.2d 1271 (Okl. 1978) cert. den’d. 439 U.S. 863, 99 S.Ct. 185, 58 L.Ed.2d 172 (1978), this Court held that the gender-based discrimination directed by 30 O.S. 1971 § 11 was intended to be applied only when the scales were relatively balanced between the attributes of both parents. In essence, 30 O.S. 1971 § 11 was determined to be used as a “tie-breaker.”

The ultimate decision must…