Child custody; requiring court to grant joint custody; requiring written findings to support certain determinations. Effective date.
This bill significantly impacts family law by potentially altering how custody disputes are resolved in Oklahoma's courts. By presuming joint custody is preferable, it creates a framework that favors collaboration between parents. Furthermore, it delineates the necessity for parents to submit comprehensive plans addressing living arrangements, support obligations, and other relevant factors when seeking joint custody. These new requirements intend to streamline court proceedings and promote parental engagement in the development of custody arrangements.
Senate Bill 1767 is a legislative proposal that amends existing statutes regarding child custody arrangements in Oklahoma. The bill aims to mandate courts to grant joint custody to both parents unless there is a clear objection from one parent. In cases where joint custody is not deemed to be in the child's best interest, the court is required to provide written findings to justify its decision. This change seeks to encourage shared parenting in custody disputes, reflecting a growing recognition of the importance of both parents in a child's upbringing.
Notably, SB1767 addresses critical concerns surrounding domestic violence and parental conduct. The bill includes provisions that establish a rebuttable presumption against joint custody in circumstances involving domestic violence, stalking, or harassment. This aspect balances the push for joint custody with the need to safeguard the welfare of children and the parent who may be a victim of such behaviors. The requirement for courts to evaluate the safety and well-being of children and the non-offending parent reflects a sensitivity to complex familial dynamics, especially when allegations of violence arise.