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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1761 By: Merrick
AS INTRODUCED
An Act relating to custody; providing name of act;
amending 43 O.S. 2021, Section 112 , which relates to
care and custody of children; providing certain
procedures for hearing on custody and visitation;
prohibiting certain care and custody designation
under certain circumstances; authorizing a court to
direct custody upon certain findings; providing for
noncodification; providing an effect ive date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma St atutes reads as follows:
This act shall be known a nd may be cited as “Maddie’s Law”.
SECTION 2. AMENDATORY 43 O.S. 2021, Section 112, is
amended to read as follows:
Section 112. A. A petition or cross -petition for a divorce,
legal separation, or annulment must state whether or not the parties
have minor children of the marriage. If there are minor children of
the marriage, the court:
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1. Shall make provision for guardianship, custody, medical
care, support and education of the c hildren;
2. Unless not in the best interests of t he children, may
provide for the visitation of the noncustodial parent with any of
the children of the noncustodial parent; and
3. May modify or change any order whenever circumstances render
the change proper either before or after final judgment in the
action; provided, that the amount of the periodic child support
payment shall not be modified retroactively or payment of all or a
portion of the past due amount waived, except by mutual agreement of
the obligor and obligee, or if the obligee has assigned child
support rights to the Department of Human Services or other entity,
by agreement of the Department or other entity. Unless the parties
agree to the contrary, a completed child support computation for m
provided for in Section 120 of this title shall be required to be
filed with the child support order.
The social security numbers of both parents and the child shall
be included on the child support order summary form provided for in
Section 120 of this title, which shall be submitted to the Central
Case Registry as provided for in Section 112A of this title with all
child support or paternity orders.
B. In any action in which t here are minor unmarried children in
awarding or modifying the custody of the child or in appointing a
general guardian for the child, the court shall be guided by the
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provisions of Section 112.5 of this title and shall consider what
appears to be in the b est interests of the child.
C. Where either party to an action concerning cu stody of or a
right to visitation with a child all eges in a sworn petition or
complaint or sworn answer, cross -petition, counterclaim or other
sworn responsive pleading that the other party has committed an act
of child abuse against such child, or committed an act of domestic
violence against the party m aking the allegation or a family or
household member of either party, the court shall first, before
considering any other best interest factors, hear and determine upon
competent admissible evidence such allegations set forth, and enter
any findings regarding any child abuse or domestic abuse. The
evidentiary hearing for such determination shall be held within
sixty (60) days of the filing of a verified pleading. The court
shall not be precluded from issui ng any necessary emergency orders
to protect the child. All costs including attorney and expert fees
incurred by the non-offending parent and the child to prepare for
and participate in such evidentiary hearing, shall be paid by the
parent who is found to have committed child abuse or domestic
violence, unless the offending parent has insufficient means to fund
such activities. If a parent makes a good faith allegation based on
a reasonable belief supported by facts that the child is the victim
of child abuse, child neglect, or the effects of domestic vi olence,
and if that parent acts lawfully and in good faith in response to
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that reasonable belief to protect the child or seek treatment for
the child, then that parent shall not be deprived of custody,
visitation or contact with the child, or restricted in custody,
visitation or contact, based solely on that belief or the reasonable
actions taken based on that belief. If the court finds a pattern of
domestic violence or child abuse by a parent, the court sh all award
sole custody of the child to the non -offending parent or party and
shall suspend visitation or only award professionally supervised
visitation to the parent engaged in a pattern of violence or abusive
behavior. If the court does not make a findi ng that a party has
engaged in a pattern of domest ic violence or child abuse, the court
may not refuse to consider additional evidence of domestic violence
or child abuse prese nted later in the case.
D. 1. When it is in the best interests of a minor unmarried
child, the court shall:
a. assure children of frequent and continuing contact
with both parents after the parents have separated or
dissolved their marriage, and
b. encourage parents to share the rights and
responsibilities of child rearing in or der to effect
this policy.
2. There shall be neither a legal preference nor a presumption
for or against joint legal custody, joint physical custody, or sole
custody.
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3. When in the best interests of the child, custody shall be
awarded in a way which ass ures the frequent and continuing contact
of the child with both parents. When awarding custody to either
parent, the court:
a. shall consider, among other facts, which parent is
more likely to allow the child or children frequent
and continuing contact with the noncustodial parent,
and
b. shall not prefer a parent as a custodian of the child
because of the gender of that parent.
4. In any action, there shall be neither a lega l preference or
a presumption for or against private or public school o r home-
schooling in awarding the custody of a child, or in appoi nting a
general guardian for the child.
5. Notwithstanding any custody determination made pursuant to
the Oklahoma Children’s Code, when a parent of a child is required
to be separated from a child due to military service, the court
shall not enter a fina l order modifying an existing custody order
until such time as the parent has completed the term of duty
requiring separation. For purposes of this paragraph:
a. in the case of a parent who i s a member of the Army,
Navy, Air Force, Marine Corps or Coast G uard, the term
“military service” means a combat deployment,
contingency operation, or natural disaster requiring
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the use of orders that do not permit any family member
to accompany the member ,
b. in the case of a parent who is a member of the
National Guard, the term “military service” means
service under a call to active service authorized by
the President of the United St ates or the Secretary of
Defense for a period of more than thirty (30)
consecutive days under 32 U.S.C. 502(f) for purposes
of responding to a national emergency declared by the
President and supported by federal funds. “Military
service” shall include any period during which a
member is absent from duty on account of sickne ss,
wounds, leave or other lawful cause, and
c. the court may enter a temporary custody or visitation
order pursuant to the requirements of the Deployed
Parents Custody and Visitation A ct.
6. In making an order for custody, the court shall require
compliance with Section 112.3 of this title.
D. 1. Except for good ca use shown, a pattern of failure to
allow court-ordered visitation may be determined to be contrary to
the best interests of the child and as such may be grounds for
modification of the child c ustody order.
2. For any action brought pursuant to the provisi ons of this
section which the court determines to be contrary to the best
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interests of the child, the prevailing party sh all be entitled to
recover court costs, attorney fees and any other rea sonable costs
and expenses incurred with the action.
E. Except as otherwise provided by Section 112.1A of this
title, any child shall be entitled to support by the parents until
the child reaches eighteen (18) years of age. If a child is
regularly enrolled in and attending high school, as set forth in
Section 11-103.6 of Title 70 of the Oklahoma Statutes, other means
of high school education, or an alternative high school education
program as a full-time student, the child shall be entitled to
support by the parents until the child graduates from high school or
until the age of twenty (20) years, whichever occurs first. Full -
time attendance shall include regularly scheduled breaks from the
school year. No hearing or further order is required to extend
support pursuant to this subsection after the child reaches the ag e
of eighteen (18) years.
F. In any case in which provision is made for the custody or
support of a minor child or enfor cement of such order and before
hearing the matter or signing any order s, the court shall inquire
whether public assistance money or me dical support has been provided
by the Department of Human Services, hereafter referred to as the
Department, for the ben efit of each child. If public assistance
money, medical support, or ch ild support services under the state
child support plan as provi ded in Section 237 of Title 56 of the
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Oklahoma Statutes have been provided for the benefit of the child,
the Department shall be a necessary party for the adjudication of
the debt due to the S tate of Oklahoma, as defined in Section 238 of
Title 56 of the Oklahoma Statutes, and for the adjudication of
paternity, child support, and medical insurance coverage for the
minor children in accordance with federal regulations. When an
action is filed, the petitioner shall give the Department notice of
the action according to Section 2004 of Title 12 of the Oklahoma
Statutes. The Department shall not be required to intervene in the
action to have standing to appear and participate in the action.
When the Department is a necessary party to the action, any orders
concerning paternity, child support, medical support, or the debt
due to the State of Oklahoma shall be approved and signed by the
Department.
G. In any case in which a child support order or cu stody order
or both is entered, enforced or modified, the court may make a
determination of the arrearages of child support.
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-2952 TEK 1/20/2022 8:43:28 PM