Oklahoma Senate Bill SB1766

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Child custody; requiring written findings on certain determinations upon request; clarifying certain right to appeal. Effective date.

Impact

The bill further clarifies the court's obligations to provide written findings when making custody determinations or visitation orders. This requirement enhances the transparency of decisions made in the best interests of the child and aids in the appeals process, allowing affected parties to better understand the rationale behind court decisions. Furthermore, the bill attempts to balance the rights of all parents in custody and visitation decisions without favoring one parent over the other based on gender or marital status, contributing to a more equitable legal framework.

Summary

Senate Bill 1766 introduces significant amendments to Oklahoma's statutory framework governing child custody and visitation rights. One of the key provisions of the bill mandates minimum visitation times for noncustodial parents, thereby prioritizing the frequency of contact between the child and noncustodial parent unless it is deemed unsafe. This change aims to ensure that children maintain strong relationships with both parents after separation or divorce. Additionally, the bill establishes legal protocols for cases involving domestic violence, explicitly stating that visitation can still be granted under certain conditions, providing there is a plan to ensure the safety of the child and the victim of the violence.

Contention

While the bill's supporters argue that it establishes necessary protections for children by clearly outlining processes and ensuring they remain connected to both parents, there are concerns among opponents about potential risks to child safety in cases of domestic violence. Critics suggest that the provision allowing visitation rights to parents who have committed acts of domestic violence undermines the protective intent of the legislation. The discussions highlight the tension between upholding parental rights and safeguarding children’s welfare, emphasizing the need for careful implementation of the bill's provisions.