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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 901 By: Jett
AS INTRODUCED
An Act relating to child custody; amending 43 O.S.
2021, Section 109, which relates to care and custody
of children; modifying requirements for certain
presumption; defining term ; modifying definitions;
requiring court to consider certain factor s; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE 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 grant th e care, custody, and control of a chi ld to
either parent or to the parents jointly.
For the purposes of this section, the terms joint custody and
joint care, custody, and control mean the sharing by p arents in all
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or some of the aspects of physical and leg al care, custody, and
control of their children.
C. If either or both parents have requested joint custody, said
the parents shall file with the court their plans for the exercise
of joint care, custody, and control of their ch ild. The parents of
the child may submit a plan jointly, or eith er parent or both
parents may submit separate p lans. Any plan shall include but is
not limited to provisions detailing the physical living arrangements
for the child, child support obligatio ns, medical and dental care
for the child, school placement, and visitation rights. A plan
shall be accompanied by an affidavit signed by each parent stating
that said the 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 the petition is filed.
D. The court shall issue a final plan for the exercise of joint
care, custody, and control of the child or children, based upon the
plan submitted by the parents, s eparate or jointly, with appropriate
changes deemed by the court to be in the best intere sts of the
child. The court also may reject a request for joint custody and
proceed as if the request for joint custody had not been made.
E. The parents having join t custody of the child may modify the
terms of the plan for joint care, custody, and cont rol. The
modification to the plan shall be filed with the court and included
with the plan. If the court determines the modifications are in the
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best interests of th e 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 of one parent. The
court shall not modify the plan unless the modifica tions are in the
best interests of the child.
G. 1. The court may terminate a joi nt custody decree upon the
request of one or both of the parents or whenever the court
determines said the decree is not in the best interests of the
child.
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 j oint
custody of a child as to the interpretatio n of a provision of said
the plan, the court may app oint an arbitrator to resolve said the
dispute. The arbitrator shall be a disinterested person
knowledgeable in domestic relations law and family counseling . The
determination of the arbi trator shall be final an d binding 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.
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I. 1. In every proceedi ng in which there is a dispute a s to
the custody of a minor child, a determination by the court tha t
child abuse, domestic violence, stalking, or hara ssment has occurred
raises a rebuttable presumption that sole custody, joint legal or
physical custody, or any shared parenting plan with the perpetrator
of child abuse, domestic violence, harassing or sta lking behavior is
detrimental and not in the best i nterest of the child, and it is in
the best interest of the child to reside with the parent who is not
a perpetrator of child abuse, domestic violence, harassing or
stalking behavior.
2. For the purposes of this subsection:
a. “child abuse” shall have the same meaning as “abuse”
as defined pursuant to the Oklahoma Children’s Code in
Section 1-1-105 of Title 10A of the Oklahoma S tatutes,
b. “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 househo ld
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 S ection 1173 of Title 21 of the
Oklahoma Statutes, and
c. “harassment” means a knowing and willful course or
pattern of conduct by a parent directed at another
parent which seriously alarms or is a nuisance to the
person, and which serves no legitimate purp ose
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, and
d. “stalking” means the willful course of conduc t by a
parent who repeatedly follows or harasse s another
person as defined in S ection 1173 of Title 21 of the
Oklahoma Statutes.
3. If a parent is absent or relocates as a result of an act of
domestic violence by the other parent, the absence or relocatio n
shall not be a factor that weighs against the parent in determining
custody or visitation.
4. The court shall consider, as a primary factor, the safety
and well-being of the child who is the victim of child abuse and of
the parent who is the victim of d omestic violence, harassment, or
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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, a ssault, verbal threats, stalking, or
harassing behavior, or the fear of physical harm, b odily injury, or
assault to another person , including the minor child, in determining
issues regarding custody and visitation.
SECTION 2. This act shall become effective November 1, 2023.
59-1-744 TEK 1/19/2023 10:28:28 AM