Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB560 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB560 HFLR Page 1
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	3	+	ENGR. S. B. NO. 560 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legislature (2023)
34		-
35	28		ENGROSSED SENATE
36	29		BILL NO. 560 By: Boren of the Senate
37	30
38	31		and
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40		-	Kannady and Provenzano of
41		-	the House
42		-
	33	+	Kannady of the House
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47	38		An Act relating to child custody; amending 43 O.S.
48	39		2021, Section 109, which relates to awarding custody
49	40		or appointing guardian; defining term; and providing
50	41		an effective date.
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55	46		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	47		SECTION 1. AMENDATORY 43 O.S. 2021, S ection 109, is
57	48		amended to read as foll ows:
58	49		Section 109. A. In awarding the custody of a minor unmarried
59	50		child or in appointing a general guardian for said child, the court
60	51		shall consider what appears to be in the best interests of the
61	52		physical and mental and moral welfare of the child.
62	53		B. The court, pursuant to the provisions of subsection A of
63	54		this section, may grant the care, custody, and control of a child to
64	55		either parent or to the parents jointly.
	56	+	For the purposes of this section, the terms joint custody and
	57	+	joint care, custody, and con trol mean the sharing by parents in all
	58	+	or some of the aspects of phys ical and legal care, custody, and
	59	+	control of their children.
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66		-	SB560 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
	61	+	ENGR. S. B. NO. 560 Page 2 1
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92		-	For the purposes of this section, the terms joint custod y and
93		-	joint care, custody, and con trol mean the sharing by parents in all
94		-	or some of the aspects of phys ical and legal care, custody, and
95		-	control of their children.
96	86		C. If either or both parents have requested joint custody, said
97	87		parents shall file with the court their plans for the exerci se of
98	88		joint care, custody, and control of their child. The parents of the
99	89		child may submit a plan jointly, or either parent or both parent s
100	90		may submit separate plans. Any plan shall include but is not
101	91		limited to provisions detailing the physical living a rrangements for
102	92		the child, child support obligations, medical and dent al care for
103	93		the child, school placement, and visitation rights. A pl an shall be
104	94		accompanied by an affidavit signed by each parent stating that said
105	95		parent agrees to the plan and will ab ide by its terms. The plan and
106	96		affidavit shall be filed with the peti tion for a divorce or legal
107	97		separation or after said petition is filed .
108	98		D. The court shall issue a final plan for the exercise of joint
109	99		care, custody, and control of the child or childr en, based upon the
110	100		plan submitted by the parents, separate or jointly, with appropriate
111	101		changes deemed by the court to be in the best intere sts of the
112	102		child. The court also may reject a request for joint custody and
113	103		proceed as if the request for joint cus tody had not been made.
114	104		E. The parents having joint custody of the ch ild may modify the
115	105		terms of the plan for joint care, custody, and cont rol. The
	106	+	modification to the plan shall be filed with the court and included
	107	+	with the plan. If the court determine s the modifications are in the
	108	+	best interests of the child, the court shall approve the
	109	+	modifications.
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117		-	SB560 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
	111	+	ENGR. S. B. NO. 560 Page 3 1
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143		-	modification to the plan shall be filed with the court and included
144		-	with the plan. If the court determine s the modifications are in the
145		-	best interests of the child, the court shall approve the
146		-	modifications.
147	136		F. The court also may modify the ter ms of the plan for joint
148	137		care, custody, and control upon the request of one parent. The
149	138		court shall not modify the plan unless the modifications are in the
150	139		best interests of the child.
151	140		G. 1. The court may terminate a joint custody decree upon the
152	141		request of one or both of the parents or whenever the court
153	142		determines said decree is not in the best interests of the chi ld.
154	143		2. Upon termination of a joint custody decree, the court shall
155	144		proceed and issue a modified decree for the care, custody, and
156	145		control of the child as if no such joint custody decree had been
157	146		made.
158	147		H. In the event of a dispute between the parents havi ng joint
159	148		custody of a child as to the interpretation of a provision of said
160	149		plan, the court may appoint an arbitrator to resolve said disput e.
161	150		The arbitrator shall be a disinterested person knowledgeable in
162	151		domestic relations law and family counseling. T he determination of
163	152		the arbitrator shall be final and binding on the p arties to the
164	153		proceedings until further order of the court.
165	154		If a parent refuses to consent to arbitration, the court may
166	155		terminate the joint custody decree.
	156	+	I. 1. In every proceeding i n which there is a dispute as to
	157	+	the custody of a minor child, a deter mination by the court that
	158	+	domestic violence, stalking, or harassment h as occurred raises a
	159	+	rebuttable presumption that sole custody, joint legal or physical
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168		-	SB560 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
	161	+	ENGR. S. B. NO. 560 Page 4 1
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194		-	I. 1. In every proceeding i n which there is a dispute as to
195		-	the custody of a minor child, a deter mination by the court that
196		-	domestic violence, stalking, or harassment h as occurred raises a
197		-	rebuttable presumption that sole custody, joint legal or phy sical
198	186		custody, or any shared paren ting plan with the perpetrator of
199	187		domestic violence, harassing or stal king behavior is detrimental and
200	188		not in the best interest of the child, and it is in the best
201	189		interest of the child to reside with the parent who is not a
202	190		perpetrator of domestic violenc e, harassing or stalking behavior.
203	191		2. For the purposes of this subsec tion:
204	192		a. “domestic violence” means the threat of the infliction
205	193		of physical injury, any act of physical harm or the
206	194		creation of a reasonable fear thereof, or the
207	195		intentional infliction o f emotional distress by a
208	196		parent or a present or former member of the household
209	197		of the child, against the child or another member of
210	198		the household, including coercive control as defined
211	199		by subparagraph d of this paragraph by a parent
212	200		involving physical, se xual, psychological, emotional,
213	201		economic or financial abuse,
214	202		b. “stalking” means the willful course of conduct by a
215	203		parent who repeatedly follows or harasses another
216	204		person as defined in S ection 1173 of Title 21 of the
217	205		Oklahoma Statutes, and
	206	+	c. “harassment” means a knowing and willful course or
	207	+	pattern of conduct by a parent directed at another
	208	+	parent which seriously alarms or is a nuisance to the
	209	+	person, and which serves no legitimate purp ose
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219		-	SB560 HFLR Page 5
220		-	BOLD FACE denotes Committee Amendments. 1
	211	+	ENGR. S. B. NO. 560 Page 5 1
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245		-	c. “harassment” means a knowing and willful course or
246		-	pattern of conduct by a parent directed at another
247		-	parent which seriously alarms or is a nuisance to the
248		-	person, and which serves no legitimate purp ose
249	236		including, but not limited to, harassing or obscene
250	237		telephone calls or conduct that would cause a
251	238		reasonable person to have a fear of death or bodily
252	239		injury, and
253	240		d. “coercive control” means unreasonably engaging in any
254	241		of the following conduct with a current or former
255	242		spouse, persons who are or were in an intimate partner
256	243		or dating relationship, or persons who are biological
257	244		parents of the same child:
258	245		(1) intentionally isolating the person from friends,
259	246		relatives, or other sources of support ,
260	247		(2) depriving the person of basic necessities,
261	248		(3) controlling, regulating, or monitoring the
262	249		person’s movements, communications, daily
263	250		behavior, finances, economic resources, or access
264	251		to services, which includes stalking or
265	252		cyberstalking,
266	253		(4) compelling the person by force, threat, or
267	254		intimidation including but not limited to threats
268	255		based on actual or susp ected immigration status,
	256	+	to engage in conduct from which the person has a
	257	+	right to abstain, or to abstain from conduct that
	258	+	the person has a right to pursue,
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270		-	SB560 HFLR Page 6
271		-	BOLD FACE denotes Committee Amendments. 1
	260	+	ENGR. S. B. NO. 560 Page 6 1
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296		-	to engage in conduct from which the person has a
297		-	right to abstain, or to abstain from conduct that
298		-	the person has a right to pursue,
299	285		(5) committing or threatening to commit cruelty to an
300	286		animal that intimidates the person,
301	287		(6) forced sex acts or threats o f a sexual nature
302	288		including, but not limited to, threatened acts of
303	289		sexual conduct or threats to release sexual
304	290		images, or
305	291		(7) making demands on the person that limits free
306	292		will and leads to compliance.
307	293		3. If a parent is absent or relocates as a result of an act of
308	294		domestic violence by the other parent, the absence or relocation
309	295		shall not be a factor that weighs against the parent in det ermining
310	296		custody or visitation.
311	297		4. The court shall consider, as a pr imary factor, the safety
312	298		and well-being of the child and of the parent who is the victim of
313	299		domestic violence or stalking behavior, in addition to other facts
314	300		regarding the best interest of the child.
315	301		5. The court shall consider the history of the parent causing
316	302		physical harm, bodily injury, assault, verbal threats, stalkin g, or
317	303		harassing behavior, or the fear of physical harm, bodily injury, or
318	304		assault to another person, including the minor child, in determining
319	305		issues regarding custody and visitation.
	306	+	SECTION 2. This act shall become effective November 1, 2023.
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321		-	SB560 HFLR Page 7
322		-	BOLD FACE denotes Committee Amendments. 1
	308	+	ENGR. S. B. NO. 560 Page 7 1
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347		-	~~SECTION 2.~~ ~~This act shall become effective November 1~~, 2023.
	333	+	Passed the Senate the 7th day of March, 2023.
348	334
349		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
350		-	04/10/2023 - DO PASS, As Coauthored.
	335	+
	336	+
	337	+	Presiding Officer of the Senate
	338	+
	339	+
	340	+	Passed the House of Representatives the ____ day of __________,
	341	+	2023.
	342	+
	343	+
	344	+
	345	+	Presiding Officer of the House
	346	+	of Representatives
	347	+