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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1082 By: Tedford
AS INTRODUCED
An Act relating to marriage and family; amending 43
O.S. 2021, Section 109, as amended by Section 1,
Chapter 24, O.S.L. 2024 (43 O.S. Su pp. 2024, Section
109), which relates to awarding child custody;
modifying factors to consider for child custody;
modifying determinations for terminating custody
agreements; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021 , Section 109, as
amended by Section 1, Chapter 24, O.S.L. 2024 (43 O.S. Supp. 2024,
Section 109), is amended to read as follows:
Section 109. A. In awarding the custody of a m inor unmarried
child or in appointing a general guardian for the child, the court
shall consider what appears to be is in the best interests of the
physical and mental and moral welfare of the child.
B. The court, pursuant Pursuant to the provisions of su bsection
A of this section, may grant the care, custody, and control of a
child to either parent or to the parents jointly there shall be a
presumption, rebuttable by a preponderance of evidence that joint
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custody and equally shared parenting time is in th e best interest of
the child. If a deviation from equal parenting time is warranted,
the court shall construct a parenting time schedule which maximizes
the time each parent has with the child and is consistent with
ensuring the child's physical, mental, and moral welfare. The court
shall consider all relevant factors, including, but not limited to:
1. The wishes of the child 's parent or parents as to his or her
custody;
2. The expressed preference of the child taken pursuant to the
provisions set forth in Section 113 of this title;
3. The interaction and interrelationship of the child with his
or her parent or parents, his or her siblings, and any other person
who may significantly affect the child 's best interest;
4. The motivation of the adults part icipating in the custody
proceeding;
5. The child's adjustment and continuing proximity to his or
her home, school, and community;
6. The mental and physical health of all individuals involved;
7. The likelihood that a party will allow the child frequen t,
meaningful, and continuing contact with the other parent, except
that the court shall not consider this likelihood if there is a
finding that the other parent engaged in domestic violence and abuse
against the party or the child and that a continuing re lationship
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with the other parent will endanger the health or safety of either
that party or the child.
8. The finding that domestic violence, stalking, or harassment
has occurred as defined in subsection I of this section.
For the purposes of this section , the terms 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.
C. If either or both parents have requested joint custody, 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 paren t stating that 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 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, separate or jointly, with appropriate
changes deemed by the court to be in the best interests of the
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child. The court also may reject a request for jo int custody and
proceed as if the request for joint custody had not been made.
E. The parents having joint custody of the child may modify the
terms of the plan for joint care, custody, and control. The
modification to the plan shall be filed with the co urt 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.
F. The court also may modify the terms of the plan for joint
care, custody, and control upon the request of one parent. The
court shall not modify the plan unless the modific ations 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 the decree is not in the best interests of the child.
2. a. The court may not terminate a joint custody
decree upon the request of one parent if made earlier
than two (2) years after its date unless the court
permits it to be made on the basis of affid avits
provided with the request that there is no reason to
believe that:
(1) the child's present environment may seriously
endanger his or her physical, mental, moral, or
emotional health and that joint care custody and
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control is not in the best interest of the child,
or
(2) a parent has placed the child with another
custodian and no longer exercises his or her
care, custody, and control of the child ;
b. During the hearing on the parent 's motion, the court
shall consider all relevant factors, including, bu t
not limited to:
(1) the interaction and interrelationship of the
child with his or her parent or parents, his or
her siblings, and any other person who may
significantly affect the child 's best interests,
(2) the mental and physical health of all individ uals
involved,
(3) repeated or substantial failure, without good
cause, of either parent to observe visitation,
child support, or other provisions of the decree
which affect the child, except that modification
of custody orders shall not be made sole ly on the
basis of failure to comply with visitation or
child support provisions , and
(4) if domestic violence, stalking, harassment, or
abuse is found by the court to exist, the extent
to which domestic violence and abuse has affected
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the child and the child 's relationship to both
parents.
2. 3. 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. The court shall construct a visitation schedule which
maximizes the time each parent has with the chil d and is consistent
with ensuring the child 's welfare.
4. Attorney fees and costs shall be assessed against a party
seeking modification if the court finds that the modification action
is vexatious and constitutes harassment.
H. In the event of a dispute between the parents having joint
custody of a child as to the interpretation of a provision of the
plan, the court may appoint an arbitrator to resolve the dispute.
The arbitrator shall be a disinterested person knowledgeable in
domestic relations law an d 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 co nsent to arbitration, the court 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 determination by the court that
child abuse, domestic violence, stalking, or harassment ha s occurred
raises a rebuttable presumption that sole custody, joint legal or
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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 o f 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 mea ning 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 reason able 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 another member of
the household including coercive control by a parent
involving physical, sexual, psychological, emotional,
economic or financial abuse,
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 legiti mate purpose
including, but not limited to, harassing or obscene
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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 foll ows 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 weig hs 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 the fear of ph ysical harm, bodily 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, 2025.
60-1-10111 TKR 12/27/24