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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1766 By: Jech
AS INTRODUCED
An Act relating to child custody; amending 43 O .S.
2021, Sections 111.1 and 112, which r elate to
visitation and care and custody of childr en;
requiring written findings on certain determinations
upon request; clarifying right to appeal certain
orders; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 111.1, is
amended to read as follows:
Section 111.1. A. 1. Any order providing for the visitation
of a noncustodial parent with any of the children of such
noncustodial parent shall provide a specified minimum amount of
visitation between the noncustodial parent and the child unless the
court determines otherwise.
2. Except for good cause shown and when in the best interests
of the child, the order shall encourage additional vi sitations of
the noncustodial parent and the child and in addition encourage
liberal telephone communications between the noncustodial parent and
the child.
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3. The court may award visitation by a noncustodial parent wh o
was determined to have committed do mestic violence or engaged in
stalking behavior as defined in Section 109 of this title, if the
court is able to provide for the safety of the child and the parent
who is the victim of that domestic violence.
4. In a visitation order, the court shall prov ide for the
safety of the minor child and victim o f domestic violence, stalking,
or harassment as defined in Section 109 of this title, and subject
to the provisions of Section 109 of this title, may:
a. order the exchange of a child to be facilitated by a
third party where the parents do not have any con tact
with each other,
b. order an exchange of a child to occur in a protected
setting,
c. order visitation supervised by another person or
agency,
d. order the abusive, stalking, or harassing parent to
pay a fee to help defray the costs of supervised
visitation or other costs of child exchanges,
including compensating third parties,
e. order the abusive, stalking, or harassing parent to
attend and complete, to the satisfa ction of the court,
an intervention program for batterers certified by the
Office of the Attorney General,
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f. prohibit unsupervised or overnight visitation until
the abusive, stalking, or harassing parent has
successfully completed a specialized program fo r
abusers and the parent has neither threatened nor
exhibited violence fo r a substantial period of time,
g. order the abusive, stalking, or harassing parent to
abstain from the possession or consumption of alcohol
or controlled substances during the visita tion and for
twenty-four (24) hours preceding visitation,
h. order the abusive, stalkin g, or harassing parent to
complete a danger/lethality assessment by a qualified
mental health professional, and
i. impose any other condition that is deemed necessary to
provide for the safety of the child, the victim of
domestic violence, stalking, or har assing behavior, or
another household member.
5. The court shall not order a victim of domestic violence,
stalking, or harassment to be present during child visitation
exchange if the victim of domestic vi olence, stalking, or harassment
objects to being present.
6. Visitation shall be terminated if:
a. the abusive, stalking, or harassing parent repeatedly
violates the terms and conditions of visitation,
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b. the child becomes severely distressed in response to
visitation, including the determination by a me ntal
health professional or certified domestic violence
specialist that visitation with the abusive, stalking,
or harassing parent is causing the child severe
distress which is not in the best interest of t he
child, or
c. there are clear indications that t he abusive,
stalking, or harassing parent has threatened to either
harm or flee with the child, or has threatened to harm
the custodial parent.
7. Whether or not visita tion is allowed, the court shall orde r
the address of the child and the victim of domes tic violence,
stalking, or harassing behavior to be kept confidential if
requested.
a. The court may order that the victim of domestic
violence, stalking, or harassing b ehavior participate
in the address confidentiality program available
pursuant to Section 60.14 of Title 22 of the Oklahoma
Statutes.
b. The abusive, stalking, or harassing parent may be
denied access to the medical and educational records
of the child if those records may be used to determine
the location of the child.
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8. Upon request of a party, the court shal l submit clear and
concise written findings specifying the factors considered in making
a determination on visitation to be included in the final visitation
order. An order entered pu rsuant to this section shall be an
appealable order to a court of compet ent jurisdiction.
B. 1. Except for good cause shown, when a noncustodial parent
who is ordered to pay child support and who is awarded visitation
rights fails to pay child support, t he custodial parent shall not
refuse to honor the visitation rights of the noncustodial parent.
2. When a custodial parent refuses to honor the visitation
rights of the noncustodial parent, the noncustodial parent shall not
fail to pay any ordered child s upport or alimony.
C. 1. Violation of an order p roviding for the payment of child
support or providing for the visitation of a noncustodial parent
with any of the children of such noncustodial parent may be
prosecuted as indirect civil contempt pursuant to Section 566 of
Title 21 of the Oklahoma Statute s or as otherwise deemed appropriate
by the court.
2. Any person complying in good faith with the provisions of
Section 852.1 of Title 21 of the Oklahoma Statutes, by refusing to
allow his or her child to be transported by an into xicated driver,
shall have an affirmative defense to a contempt of court proceeding
in a divorce or custody action.
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3. Unless good cause is shown for the noncompliance, the
prevailing party shall be entitled to recover court costs and
attorney fees expend ed in enforcing the order and any other
reasonable costs and expenses incurred in connection with the denied
child support or denied visitation as authorized by the court.
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:
1. Shall make provision for guard ianship, custody, medical
care, support and education of the children;
2. Unless not in the best interests of the children, may
provide for the visitation of the noncustodial parent with any of
the children of the noncustodia l parent; and
3. May modify or change any order whenev er 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 pay ment 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
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agree to the contrary, a co mpleted child support computation form
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 pare nts and the child sh all
be included on the child s upport 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 o rders.
B. In any action in which there 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
provisions of Section 112.5 of this title and shall c onsider what
appears to be in the best interests o f the child.
C. 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 order 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 in terests of the child, cus tody shall be
awarded in a way which assures 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 chi ldren 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 legal preference or
a presumption for or agai nst private or public school or home -
schooling in awarding the custody of a child, or in appointing a
general guardian for the child.
5. Notwithstanding any custody determination m ade pursuant to
the Oklahoma Children’s Code, when a parent of a child is r equired
to be separated from a child due to military service, the court
shall not enter a final order modifying an existing custody order
until such time as the parent has completed the term of duty
requiring separation. For purpo ses of this paragraph:
a. in the case of a parent who is a member of the Army,
Navy, Air Force, Marine Corps or Coast Guard, the term
“military service” means a combat deployment,
contingency operation, or natural disaster req uiring
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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 States or the Secr etary 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 sickness,
wounds, leave or other lawful cause, and
c. the court may enter a temporary custody or visitation
order pursuant to the requirements of the Deploye d
Parents Custody and Visitation Act.
6. In making an order for custody, t he court shall require
compliance with Section 112.3 of this title.
7. Upon request of a party, the court shall submit clear and
concise written findings specifying the factors con sidered in making
a custody determination to be in cluded in the final cust ody order.
An order entered pursuant to this section shall be an appealable
order to a court of competent jurisdiction.
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D. 1. Except for good cause shown, a pattern of failure to
allow court-ordered visitation may be determined t o be contrary to
the best interests of the child and as such may be grounds for
modification of the child custody order.
2. For any action brought pursuant to the provisions of this
section which the court determines to be contrary to the best
interests of the child, the preva iling party shall be entitled to
recover court costs, attorney fees and any other reasonable costs
and expenses incurred with the action.
E. Except as otherwise provided by Section 11 2.1A of this
title, any child shall be entitled to support by the parent s 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 Statu tes, other means
of high school education, or an a lternative 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, which ever occurs first. Full -
time attendance shall inc lude regularly schedul ed breaks from the
school year. No hearing or further order is required to extend
support pursuant to this subsection after the child reaches the age
of eighteen (18) years.
F. In any case in which provision is made for the custody or
support of a minor child or enforcement of such order and before
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hearing the matter or signing any orders, the court shall inquire
whether public assistance money or medical support has been provided
by the Department of Human Services, hereafter referr ed to as the
Department, for the benefit of each child. If public assistance
money, medical support, or child support services under the state
child support plan as provided in Section 237 of Title 56 of t he
Oklahoma Statutes have been provided for the be nefit of the child,
the Department shall be a necessary party for the adjudication of
the debt due to the State of Oklahoma, as defined in Section 238 of
Title 56 of the Oklahoma Statutes, and for the adjud ication of
paternity, child support, and medical i nsurance 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 n ot be required to inte rvene 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, m edical support, or the debt
due to the State of Ok lahoma shall be approv ed and signed by the
Department.
G. In any case in which a child support order or custody order
or both is entered, enforced or modified, the court may make a
determination of the arr earages of child support.
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SECTION 3. This act shall become effective November 1, 2022.
58-2-3387 TEK 1/20/2022 7:28:56 PM