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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1767 By: Jech
AS INTRODUCED
An Act relating to child custody; amending 43 O .S.
2021, Section 109, which relates to joint custody;
requiring court to grant joint custody; providing
exception; requiring written findin gs to support
certain determinations; updating statutory language;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 109, is
amended to read as follows:
Section 109. A. In awarding the custody of a mi nor unmarried
child or in appointing a general guardian for said the child, the
court shall consider what appears to be in the best interests of the
physical and mental and moral welfare of the child.
B. The court, pursuant to the provisions of subsection A of
this section, may shall grant the care, custody, and control of a
child to either parent or to the parents jointly unless a parent
objects to joint custody. Upon a determination that it is not in
the best interest of the child to grant joint custody , the court
shall submit written findings to support such a de termination.
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For the purposes of this section, the terms join t custody and
joint care, custody, and control mean the sharing by parents in all
or some of the aspects of physical and legal care, custody, and
control of their children.
C. If either or both parents have requested joint c ustody, said
the parents shall file with the court their plans for the exercise
of joint care, custody, and contr ol of their child. The parents of
the child may submit a plan jointly, or either parent or both
parents may submit separate plans. Any plan s hall include but is
not limited to provisions detailing the physical living arrangements
for the child, child sup port obligations, medical and dental care
for the child, school placement, and visitation rights. A pl an
shall be accompanied by an affidavit signed by each parent stating
that said parent agrees to the plan and will abide by its terms.
The plan and affidavit shall be filed with the petition for a
divorce or legal separation or after said petition is filed .
D. The court shall issue a final pla n for the exercise of joint
care, custody, and control of the child or children, based upon the
plan submitted by the parents, separate or jointly, with appropriate
changes deemed by the court to be in the best intere sts of the
child. The court also may r eject a request for joint custo dy and
proceed as if the request for joint custody had not been made.
E. The parents having joint custody of the child may modify the
terms of the plan for joint care, custody, and cont rol. The
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modification to the plan shal l be filed with the court and i ncluded
with the plan. If the court determines the modifications are in the
best interests of the child, the court shall approve the
modifications.
F. The court also may modify the ter ms of the plan for joint
care, custody, and control upon the request o f one parent. The
court shall not modify the plan unless the modifications are in the
best interests of the child , and shall submit written findings that
support such modification.
G. 1. The court may terminate a joint cus tody decree upon the
request of one or both of the parents or whenever the court
determines said decree is not in the best interests of the child ,
and shall submit written findi ngs that support termination of the
joint custody decree.
2. Upon termination of a joint custody decree, the court shall
proceed and issue a modified decree for the care, custody, and
control of the child as if no such joint custody decree had been
made.
H. In the event of a dispute between the parents having joint
custody of a child as to the interpretation of a provision of said
plan, the court may appoint an arbitrator to resolve said dispu te.
The arbitrator shall be a disinterested person knowledgeable in
domestic relations law and family counseling. The determination of
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the arbitrator shall be final and bi nding on the parties to the
proceedings until further order of the court.
If a parent refuses to consent to arbitration, the court may
terminate the joint custody decree.
I. 1. In every proceeding in which there is a disput e as to
the custody of a minor child, a determination by the court that
domestic violence, stalking, or harassment has occurred raises a
rebuttable presumption that sole custody, joint legal or physical
custody, or any shared parenting plan with the perpet rator of
domestic violence, har assing or stalking behavior is detrimental and
not in the best interest of the child , and it is in the best
interest of the child to reside with the parent who is not a
perpetrator of domestic violence, harassing or stalking behavior.
2. For the purposes of this subsection:
a. “domestic violence” means the threat of the infliction
of physical injury, any act of physical harm or the
creation of a reasonable fear thereof, or the
intentional infliction of emotional distress by a
parent or a present or former member of the household
of the child, against the child or another member of
the household, including coercive control by a parent
involving physical, sexual, psychological, emotional,
economic or financial abuse,
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b. “stalking” means the willful course of conduct by a
parent who repeatedly follows or harasses another
person as defined in Section 1173 of Title 21 of the
Oklahoma Statutes, and
c. “harassment” means a knowing and willful course or
pattern of conduct by a parent d irected at another
parent which seriously alarms or is a nuisance to the
person, and which serves no legitimate pur pose
including, but not limited to, harassing or obscene
telephone calls or conduct that would cause a
reasonable person to have a fear of death or bodily
injury.
3. If a parent is absent or relocates as a result of an act of
domestic violence by the othe r parent, the absence or relocation
shall not be a factor that weighs against the parent in det ermining
custody or visitation.
4. The court shall consider, as a primary fa ctor, the safety
and well-being of the child and of the parent who is the victim of
domestic violence or stalking behavior, in addition to other facts
regarding the best interest of the child.
5. The court shall consider the history of the parent causing
physical harm, bodily injury, assault, verbal threats, stalking, or
harassing behavior, or the fear of physical harm, bodily injury, or
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assault to another person , including the minor child, in determining
issues regarding cus tody and visitation.
SECTION 2. This act shall become effective November 1, 2022.
58-2-3048 TEK 1/20/2022 7:28:57 PM