Oklahoma Senate Bill SB901

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Child custody; modifying requirements for certain presumption; requiring court to consider certain factors. Effective date.

Impact

One of the significant alterations SB901 proposes is the introduction of a rebuttable presumption against granting custody to a parent identified as a perpetrator of child abuse or domestic violence. In essence, this means that if the court finds evidence of such conduct, it will be presumed that it is not in the child's best interest to have joint custody or any shared parenting arrangement with that parent. This provision could fundamentally shift custody decisions and emphasize the importance of safety and well-being for children in potentially harmful family situations. Additionally, the court is mandated to consider the emotional and physical health of both the child and the affected parent while determining custody arrangements.

Summary

Senate Bill 901 aims to amend existing laws concerning child custody in Oklahoma, specifically aiming to enhance the consideration of children's welfare during custody disputes. The bill modifies definitions related to joint custody and sets forth requirements for parents seeking joint custody to file specific plans with the court. These plans must detail arrangements for child care, school placement, and visitation rights, all targeted at ensuring the child's best interests are maintained. Furthermore, the bill makes explicit provisions regarding what constitutes child abuse and domestic violence, consequently adjusting how these factors are treated in custody decisions.

Contention

The discussions surrounding SB901 may raise points of contention, particularly among those who advocate for parents' rights. Proponents argue that strict definitions and rebuttable presumption regarding child abuse and domestic violence are necessary to protect children from harmful environments. However, dissenters may claim that these measures could unfairly stigmatize parents accused of violence, potentially impacting their custody rights without a thorough investigation or due process. The implications of this bill touch on the delicate balance between protecting children and ensuring fair treatment for all parents within custody disputes.