Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB901 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 901 By: Jett of the Senate
7	37
8	38		and
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10	40		Culver of the House
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15	45		An Act relating to child custody; amending 43 O.S.
16	46		2021, Section 109, which relates to care and custody
17	47		of children; modifying requirements for certain
18	48		presumption; defining term; modifying definitions;
19	49		requiring court to consider certain factors; updating
20	50		statutory language; and providing an effective date .
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25		-	SUBJECT: Child custody
26		-
27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	56		SECTION 1. AMENDATORY 43 O.S. 2021, Section 109, is
30	57		amended to read as follows:
31		-
32	58		Section 109. A. In awarding the custody of a minor unmarried
33	59		child or in appointing a general guard ian for said the child, the
34	60		court shall consider what appears to be in the best interests of the
35	61		physical and mental and moral welfare of the child.
36		-
37	62		B. The court, pursuant to the provisions of subsection A of
38	63		this section, may grant the care, cu stody, and control of a child to
39	64		either parent or to the parents jointly.
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41	92		For the purposes of this section, the ter ms joint custody and
42	93		joint care, custody, and control mean the sharing by parents in all
43	94		or some of the aspects of physical and legal care, custody, an d
44	95		control of their children.
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46		-
47		-	ENR. S. B. NO. 901 Page 2
48	96		C. If either or both parents have requested joint custody, said
49	97		the parents shall file with the court their plans for the exercise
50	98		of joint care, custody, and control of their child. The parents of
51	99		the child may submit a plan jointly, or either parent or both
52	100		parents may submit separate plans. Any plan shall include but is
53	101		not limited to provisions detailing the physical living arrangements
54	102		for the child, child support obligations, medical and dental care
55	103		for the child, schoo l placement, and visitation rights. A plan
56	104		shall be accompanied by an affidavit signed by each parent st ating
57	105		that said the parent agrees to the plan and will abide by its terms.
58	106		The plan and affidavit shall be filed with the petition for a
59	107		divorce or legal separation or after said the petition is filed.
60		-
61	108		D. The court shall issue a final plan for the exerci se of joint
62	109		care, custody, and control of the child or children, based upon the
63	110		plan submitted by the parents, separate or jointly, with appropriate
64	111		changes deemed by the court to be in the best interests of the
65	112		child. The court also may reject a request for joint custody and
66	113		proceed as if the request for joint custody had not been made.
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68	114		E. The parents having joint custody of the child may mo dify the
69	115		terms of the plan for joint care, custody, and control. The
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70	143		modification to the plan shall be filed with the court and included
71	144		with the plan. If the court determines the modifications are in the
72	145		best interests of the child, the court shall approve the
73	146		modifications.
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75	147		F. The court also may modify the terms of the plan for joint
76	148		care, custody, and control upo n the request of one parent. The
77	149		court shall not modify the plan unless the modifications are in the
78	150		best interests of the child.
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80	151		G. 1. The court may terminate a joint custody decree upon the
81	152		request of one or both of the parents or whenever the court
82	153		determines said the decree is not in the best interests of the
83	154		child.
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85	155		2. Upon termination of a joint custody decree, the court shall
86	156		proceed and issue a modified decree for the care, custody, and
87	157		control of the child as if no such joint custody decree had been
88	158		made.
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91		-	ENR. S. B. NO. 901 Page 3
92	159		H. In the event of a dispute between the parents having joint
93	160		custody of a child as to the interpretation of a provision of said
94	161		the plan, the court may appoint an arbitrator to resolve said the
95	162		dispute. The arbitrator shall be a disinterested person
96	163		knowledgeable in domestic relations law and family counseling. The
97	164		determination of the arbitrator shall be final and binding on the
98	165		parties to the proceedings until further order of the court.
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100	193		If a parent refuses to consent to arbitration, the co urt may
101	194		terminate the joint custody decree.
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103	195		I. 1. In every proceeding in which there is a dispute as to
104	196		the custody of a minor child, a det ermination by the court that
105	197		child abuse, domestic violence, stalking, or harassment has occurred
106	198		raises a rebuttable presumption that sole custody, joint legal or
107	199		physical custody, or any shared parenting plan with the perpetrator
108	200		of child abuse, domestic violence, harassing or stalking behavior is
109	201		detrimental and not in the best interest of the child, and it is in
110	202		the best interest of the child to reside with the parent who is not
111	203		a perpetrator of child abuse, domestic violence, harassing or
112	204		stalking behavior.
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114	205		2. For the purposes of this subsection:
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116	206		a. “child abuse” shall have the same meaning as “abuse”
117	207		as defined pursuant to the Oklahoma Children ’s Code in
118	208		Section 1-1-105 of Title 10A of the Oklahoma Statutes,
119		-
120	209		b. “domestic violence” means the threat of the inflic tion
121	210		of physical injury, any act of physical harm or the
122	211		creation of a reasonable fear thereof, or the
123	212		intentional infliction of emotional distress by a
124	213		parent or a present or former member of the household
125	214		of the child, against the child or anot her member of
126	215		the household, including coercive control by a parent
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127	243		involving physical, sexual, psychological, emot ional,
128	244		economic or financial abuse,
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130	245		b. “stalking” means the willful course of conduct by a
131	246		parent who repeatedly follows or harasses another
132	247		person as defined in Section 1173 of Title 21 of the
133	248		Oklahoma Statutes, and
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135		-	ENR. S. B. NO. 901 Page 4
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137	249		c. “harassment” means a knowing and wil lful course or
138	250		pattern of conduct by a parent directed at another
139	251		parent which seriously alarms or is a nuisance to the
140	252		person, and which ser ves no legitimate purpose
141	253		including, but not limited to, harassing or obscene
142	254		telephone calls or conduct that would cause a
143	255		reasonable person to have a fear of death or bodily
144	256		injury, and
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146	257		d. “stalking” means the willful course of conduct by a
147	258		parent who repeatedly f ollows or harasses another
148	259		person as defined in Section 1173 of Title 21 of the
149	260		Oklahoma Statutes.
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151	261		3. If a parent is absent or relocates as a result of an act of
152	262		domestic violence by the other parent, the absence or relocation
153	263		shall not be a factor that weighs against the parent in determining
154	264		custody or visitation.
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156	265		4. The court shall consider, as a primary factor, the safety
157	266		and well-being of the child who is the victim of child abuse and of
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158	294		the parent who is the victim of domestic violence , harassment, or
159	295		stalking behavior, in addition to other facts regarding the best
160	296		interest of the child.
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162	297		5. The court shall consider the history of the parent causing
163	298		physical harm, bodily injury, assault, verbal threats, stalking, or
164	299		harassing behavior, or t he fear of physical harm, bodily injury, or
165	300		assault to another person , including the minor child, in determining
166	301		issues regarding custody and visitation.
167		-
168	302		SECTION 2. This act shall become effective November 1, 2024.
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171		-	ENR. S. B. NO. 901 Page 5
172		-	Passed the Senate the 1 4th day of March, 2024.
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174		-
175		-
176		-	Presiding Officer of the Senate
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178		-
179		-	Passed the House of Representatives the 15th day of April, 2024.
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181		-
182		-
183		-	Presiding Officer of the House
184		-	of Representatives
185		-
186		-	OFFICE OF THE GOVERNOR
187		-	Received by the Office of the Governor this _______ _____________
188		-	day of _________________ __, 20_______, at _______ o 'clock _______ M.
189		-	By: _________________________________
190		-	Approved by the Governor of the State of Oklahoma this _______ __
191		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
192		-
193		-	_________________________________
194		-	Governor of the State of Okla homa
195		-
196		-
197		-	OFFICE OF THE SECRETARY OF STATE
198		-	Received by the Office of the Secretary of State this _______ ___
199		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
200		-	By: _________________________________
	304	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	305	+	03/28/2024 - DO PASS.