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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 163 By: Boren
AS INTRODUCED
An Act relating to child custody; amending 43 O.S.
2021, Section 109, as amended by Section 1, Chapter
24, O.S.L. 2024 (43 O.S. Supp. 2024 , Section 109),
which relates to awarding custody or appointing
guardian; defining term; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Sectio n 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 minor unmarried
child or in appointing a general guardian for 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, custody, and control of a child to
either parent or to the parents jointly.
For the purposes of this section, the terms joint cu stody and
joint care, custody, and control mean the sharing by parents in all
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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 parent 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
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 modify 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
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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 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 the decree is no t 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 the
plan, the court may appoint an arbitrator to resolve 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 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
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child abuse, domestic violence, stalking, or hara ssment has occurred
raises a rebuttable presumption that sole custody, joint l egal 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 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 Statutes,
b. “coercive control” means unreasonably engaging in any
of the following conduct with a current or former
spouse, persons who are or were in an intimate partner
or dating relationship, or persons who are biological
parents of the same child:
(1) intentionally isolating the person from friends,
relatives, or other sources of support,
(2) depriving the person of basic necessi ties,
(3) controlling, regulating, or monitoring the
person’s movements, communications, daily
behavior, finances, economic resources, or access
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to services, which includes stalking or
cyberstalking,
(4) compelling the person by force, threat, or
intimidation including, but not limited to,
threats based on actual or suspected immigration
status, to engage in conduct from which the
person has a right to abstain, or to abstain from
conduct that the person has a right to pursue,
(5) committing or threatening t o commit cruelty to an
animal in a manner that intimidates the person,
(6) forced sex acts or threats of a sexual nature
including, but not limited to, threatened acts of
sexual conduct or threats to release sexual
images, or
(7) making demands on the pers on that limit free will
and lead to compliance,
c. “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 another member of
the household including coercive control as defined by
subparagraph b of this paragraph by a parent involving
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physical, sexual, psychological, emotiona l, economic
or financial abuse,
c. d. “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 purpose
including, but not limited to, harassing or obscene
telephone calls or conduct that would cau se a
reasonable person to have a fear of death or bodily
injury, and
d. e. “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 add ition to other facts regarding the best
interest of the child.
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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 physical harm, bodily injur y, 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.
60-1-1096 TEK 12/30/2024 12:17:48 PM