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ENGROSSED HOUSE
BILL NO. 2137 By: McDugle of the House
and
Jett of the Senate
An Act relating to marriage; amending 43 O. S. 2021,
Sections 150.1 and 150.3, which relate to the
Deployed Parents Custody and Visitatio n Act;
modifying definition; providing for the designation
of certain individuals to ex ercise visitation rights
under certain circumstances ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 150.1, is
amended to read as follows:
Section 150.1 As used in the Deployed Parents Custody and
Visitation Act:
1. "Civilian personnel" means direct-hire, permanent civilian
employees of the Departmen t of Defense;
2. "Close and substantial relationship" means a relationship in
which a bond has been forged between the child and the other person
by regular contact or communication;
3. "Custodial responsibility " refers to legal custody, physical
custody or visitation rights with respect to a child;
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4. "Deploying parent" means a legal parent of a minor child or
the legal guardian of a child, who is a member of the United States
Armed Forces, civilian personnel or contractor serving in designated
combat zones or duty stations and who is deployed or, has been
notified of an impending deployment , or is actively serving in a
duty station outside of the parent's home city;
5. "Deployment" means the temporary transfer of a
servicemember, civilian personnel or contractor serving in
designated combat zones in compliance with official orders to
another location in support of combat, contingency operation, or
natural disaster requiring the use of orders for a period of more
than thirty (30) consecutive days, during which family members are
not authorized to accompany the servicemember at government expense.
Deployment shall include any period during which a servicemember,
civilian personnel or contractor serving in designat ed combat zones
is absent from duty on acc ount of sickness, wounds, leave or other
lawful cause, and shall also include any transfer pursuant to
military orders requiring presence in a foreign country;
6. "Guardian" means a person who has been appointed a s a
guardian of a minor or incapacitated a dult pursuant to the
requirements of Title 30 of the Oklahoma Statutes. The term shall
include a limited guardian, but shall not include a guardian ad
litem;
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7. "Nondeploying parent" means a legal parent or guard ian who
is not deployed and who has a chil d or ward in common with a
deploying parent;
8. "Servicemember" means a member of either:
a. the active or reserve components of the Army, Navy,
Air Force, Marine Corps, or C oast Guard, or
b. the active or reserve components of the National
Guard; and
9. "Visitation" means the right to take a child for a limited
period of time to a place other than the habitual residence of the
child.
SECTION 2. AMENDATORY 43 O.S. 2021, Section 150.3, is
amended to read as follows:
Section 150.3 A. In order to ensure an ongoing relationship
with the child while deployed or while serving in a duty station
outside of the parent 's home city, pursuant to the Deployed Parents
Custody and Visitation Act, upon application to the court by the
deploying parent, the court shall designate a family member or
another person with a close and substantial relationship to the
child to exercise his or her visitation rights, unless the court
determines it is not in the best interests of the child.
B. Visitation awarded pursuant to this section derives from the
deploying parent's own right to custodial responsibility. Neither
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this section nor a court order permitting designation shall be
deemed to create any separate or per manent rights to visitation.
SECTION 3. This act shall become effective November 1, 2023.
Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Sena te