When Can Artificial Intelligence As Expert Testimony in an Oklahoma Family Law Case

In 2026, Oklahoma is at the cutting edge of legal technology with the introduction of House Bill 2016. This legislation—which officially went into effect on November 1, 2025—creates the first formal framework for using Artificial Intelligence as expert testimony in Oklahoma courts.

For parents in a custody battle or spouses in a high-asset divorce, this means that data-driven insights from AI can now be admitted as evidence, provided they pass a strict new set of reliability tests.

What is HB 2016?

The bill updates the Oklahoma Evidence Code (12 O.S. §§ 2702 and 2806) to address a reality where AI systems can process data more efficiently than human experts. It establishes that if an AI system produces an output that would normally require a human expert’s opinion, that output can be admitted as evidence.

The “More Likely Than Not” Standard: To use AI testimony, the person presenting it must prove to the judge that:

• The output is helpful to the court in understanding the facts.
• The output is based on sufficient and pertinent data (and the other side must be given “reasonable access” to that data).
• The AI uses reliable principles and methods.
• The AI has demonstrated reliability in substantially similar conditions.

How AI is Changing 2026 Family Law Cases

In a modern custody or divorce case, AI “Expert Testimony” isn’t a robot taking the stand—it is a sophisticated report that analyzes vast amounts of digital evidence.

• Forensic Accounting: In high-asset divorces, AI can scan thousands of pages of bank records in seconds to find “hidden” assets or identify inconsistent spending habits that suggest undisclosed income.
• Custody & Parent Fitness: AI algorithms can analyze years of communication logs (texts, emails, and apps like OurFamilyWizard) to provide an objective report on which parent is consistently hostile or who is actually handling the day-to-day parenting tasks.
• Predictive Scheduling: AI can analyze a child’s school performance and behavioral data to suggest which specific visitation schedule is most likely to improve the child’s grades or mental health.

The Right to “Cross-Examine” the Algorithm

One of the most important protections in HB 2016 is the ability to challenge the AI. Under Section 2806, if an AI output is admitted, it is treated like a human “hearsay statement,” meaning its accuracy can be attacked.

Your lawyer can challenge the AI by:

• Requesting the “Inputs”: You have a right to see the raw data the AI was fed. If the data was biased or incomplete, the AI’s conclusion can be thrown out.
• Proving “Hallucinations”: If the AI has a history of producing false or inconsistent outputs, that evidence can be used to destroy the AI’s credibility in front of the judge.
• Human Oversight: Oklahoma law (HB 3545) reinforces that AI should assist humans, not replace human responsibility. A human expert still typically needs to “sponsor” the AI report and explain how they verified its accuracy.

4. The Risks: Deepfakes and Misinformation

As AI becomes more common, so does the risk of fraudulent evidence. “Deepfake” photos or doctored audio recordings are becoming easier to create. HB 2016 provides the procedural tools for your legal team to demand forensic verification of any digital evidence that seems “too good to be true.”

Summary Checklist for AI Evidence

• [ ] Request the Source Code/Data: If the other side uses AI, ensure your attorney demands the “inputs” under HB 2016.
• [ ] Check for Bias: Ensure the AI wasn’t trained on data that unfairly targets specific demographics or behaviors.
• [ ] Audit for Hallucinations: Have your legal team check every citation and data point in an AI-generated report for “made-up” facts.

Tulsa Trial Lawyers in Your Corner

The intersection of technology and justice is moving faster than ever, and HB 2016 ensures that Oklahoma’s legal system isn’t left behind. By creating a structured pathway for artificial intelligence as expert testimony, the law offers a powerful new way to bring clarity to complex financial and custodial data.

However, as we enter this new era, the human element remains the most critical safeguard. Whether you are using AI to uncover hidden assets or defending against a data-driven report from the other side, the ability to challenge the “algorithm” is your constitutional right. In 2026, the most successful cases will be those that combine the speed of AI with the seasoned judgment of an experienced attorney who knows how to spot a “hallucination” before it reaches the judge. For a free consultation with a Family and child custody law attorney in Tulsa at the Kania Law Office, call 918.743.2233. Or you can go online and ask a free legal question by following this link.