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ENGROSSED SENATE
BILL NO. 901 By: Jett of the Senate
and
Culver of the House
An Act relating to child custody; amending 43 O.S.
2021, Section 109, which relate s to care and custody
of children; modifying requirements for certain
presumption; defining term; modifying definitions;
requiring court to consider certain factors; 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 minor 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 the care, cu stody, and control of a child to
either parent or to the parents jointly.
For the purposes of this section, the ter ms joint 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.
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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 child. The parents of
the child may submit a plan jointly, or either parent or both
parents may submit separate plans. Any plan shall include but is
not limited to provisions detailing the physical living arrangements
for the child, child support obligations, medical and dental care
for the child, school placement, and visitation rights. A plan
shall be accompanied by an affidavit signed by each parent st ating
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 exerci se 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 interests 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 joint custody of the child may mo dify the
terms of the plan for joint care, custody, and control. 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
best interests of the child, the court shall approve the
modifications.
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F. The court also may modify the terms of the plan for joint
care, custody, and control upo n the request of one parent. The
court shall not modify the plan unless the modifications are in the
best interests of the child.
G. 1. The court may terminate a joint 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 joint
custody of a child as to the interpretation of a provision of said
the plan, the court may appoint 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 arbitrator shall be final and binding on the
parties to the proceedings until further order of the court.
If a parent refuses to consent to arbitration, the co urt may
terminate the joint custody decree.
I. 1. In every proceeding in which there is a dispute as to
the custody of a minor child, a det ermination by the court that
child abuse, domestic violence, stalking, or harassment has occurred
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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 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 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 Statutes,
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 household
of the child, against the child or anot her member of
the household, including coercive control by a parent
involving physical, sexual, psychological, emot ional,
economic or financial abuse,
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
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c. “harassment” means a knowing and wil lful course or
pattern of conduct by a parent directed at another
parent which seriously alarms or is a nuisance to the
person, and which ser ves no legitimate purpose
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 conduct by a
parent who repeatedly follows or harasses another
person as defined in Section 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 relocation
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 domestic violence , harassment, 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 t he fear of physical harm, bodily injury, or
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assault to another person , including the minor child, in determining
issues regarding custody and visitation.
SECTION 2. This act shall become effective November 1, 2024.
Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of _ _________,
2024.
Presiding Officer of the House
of Representatives