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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 163 By: Boren
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6 AS INTRODUCED
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7 An Act relating to child custody; amending 43 O.S.
7 2021, Section 109, as amended by Section 1, Chapter
8 24, O.S.L. 2024 (43 O.S. Supp. 2024, Section 109),
8 which relates to awarding custody or appointing
9 guardian; defining term; and providing an effective
9 date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 43 O.S. 2021, Section 109, as
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14 amended by Section 1, Chapter 24, O.S.L. 2024 (43 O.S. Supp. 2024,
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15 Section 109), is amended to read as follows:
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16 Section 109. A. In awarding the custody of a minor unmarried
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17 child or in appointing a general guardian for the child, the court
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18 shall consider what appears to be in the best interests of the
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19 physical and mental and moral welfare of the child.
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20 B. The court, pursuant to the provisions of subsection A of
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21 this section, may grant the care, custody, and control of a child to
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22 either parent or to the parents jointly.
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23 For the purposes of this section, the terms joint custody and
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24 joint care, custody, and control mean the sharing by parents in all
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1 or some of the aspects of physical and legal care, custody, and
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2 control of their children.
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3 C. If either or both parents have requested joint custody, the
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4 parents shall file with the court their plans for the exercise of
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5 joint care, custody, and control of their child. The parents of the
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6 child may submit a plan jointly, or either parent or both parents
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7 may submit separate plans. Any plan shall include but is not
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8 limited to provisions detailing the physical living arrangements for
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9 the child, child support obligations, medical and dental care for
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10 the child, school placement, and visitation rights. A plan shall be
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11 accompanied by an affidavit signed by each parent stating that the
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12 parent agrees to the plan and will abide by its terms. The plan and
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13 affidavit shall be filed with the petition for a divorce or legal
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14 separation or after the petition is filed.
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15 D. The court shall issue a final plan for the exercise of joint
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16 care, custody, and control of the child or children, based upon the
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17 plan submitted by the parents, separate or jointly, with appropriate
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18 changes deemed by the court to be in the best interests of the
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19 child. The court also may reject a request for joint custody and
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20 proceed as if the request for joint custody had not been made.
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21 E. The parents having joint custody of the child may modify the
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22 terms of the plan for joint care, custody, and control. The
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23 modification to the plan shall be filed with the court and included
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24 with the plan. If the court determines the modifications are in the
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1 best interests of the child, the court shall approve the
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2 modifications.
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3 F. The court also may modify the terms of the plan for joint
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4 care, custody, and control upon the request of one parent. The
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5 court shall not modify the plan unless the modifications are in the
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6 best interests of the child.
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7 G. 1. The court may terminate a joint custody decree upon the
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8 request of one or both of the parents or whenever the court
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9 determines the decree is not in the best interests of the child.
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10 2. Upon termination of a joint custody decree, the court shall
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11 proceed and issue a modified decree for the care, custody, and
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12 control of the child as if no such joint custody decree had been
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13 made.
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14 H. In the event of a dispute between the parents having joint
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15 custody of a child as to the interpretation of a provision of the
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16 plan, the court may appoint an arbitrator to resolve the dispute.
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17 The arbitrator shall be a disinterested person knowledgeable in
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18 domestic relations law and family counseling. The determination of
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19 the arbitrator shall be final and binding on the parties to the
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20 proceedings until further order of the court.
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21 If a parent refuses to consent to arbitration, the court may
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22 terminate the joint custody decree.
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23 I. 1. In every proceeding in which there is a dispute as to
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24 the custody of a minor child, a determination by the court that
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1 child abuse, domestic violence, stalking, or harassment has occurred
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2 raises a rebuttable presumption that sole custody, joint legal or
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3 physical custody, or any shared parenting plan with the perpetrator
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4 of child abuse, domestic violence, harassing or stalking behavior is
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5 detrimental and not in the best interest of the child, and it is in
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6 the best interest of the child to reside with the parent who is not
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7 a perpetrator of child abuse, domestic violence, harassing or
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8 stalking behavior.
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9 2. For the purposes of this subsection:
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10 a. "child abuse" shall have the same meaning as "abuse"
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11 as defined pursuant to the Oklahoma Children's Code in
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12 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
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13 b. "coercive control" means unreasonably engaging in any
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14 of the following conduct with a current or former
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15 spouse, persons who are or were in an intimate partner
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16 or dating relationship, or persons who are biological
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17 parents of the same child:
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18 (1) intentionally isolating the person from friends,
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19 relatives, or other sources of support,
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20 (2) depriving the person of basic necessities,
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21 (3) controlling, regulating, or monitoring the
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22 person's movements, communications, daily
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23 behavior, finances, economic resources, or access
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1 to services, which includes stalking or
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2 cyberstalking,
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3 (4) compelling the person by force, threat, or
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4 intimidation including, but not limited to,
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5 threats based on actual or suspected immigration
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6 status, to engage in conduct from which the
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7 person has a right to abstain, or to abstain from
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8 conduct that the person has a right to pursue,
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9 (5) committing or threatening to commit cruelty to an
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10 animal in a manner that intimidates the person,
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11 (6) forced sex acts or threats of a sexual nature
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12 including, but not limited to, threatened acts of
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13 sexual conduct or threats to release sexual
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14 images, or
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15 (7) making demands on the person that limit free will
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16 and lead to compliance,
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17 c. "domestic violence" means the threat of the infliction
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18 of physical injury, any act of physical harm or the
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19 creation of a reasonable fear thereof, or the
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20 intentional infliction of emotional distress by a
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21 parent or a present or former member of the household
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22 of the child, against the child or another member of
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23 the household including coercive control as defined by
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24 subparagraph b of this paragraph by a parent involving
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1 physical, sexual, psychological, emotional, economic
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2 or financial abuse,
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3 c. d. "harassment" means a knowing and willful course or
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4 pattern of conduct by a parent directed at another
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5 parent which seriously alarms or is a nuisance to the
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6 person, and which serves no legitimate purpose
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7 including, but not limited to, harassing or obscene
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8 telephone calls or conduct that would cause a
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9 reasonable person to have a fear of death or bodily
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10 injury, and
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11 d. e. "stalking" means the willful course of conduct by a
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12 parent who repeatedly follows or harasses another
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13 person as defined in Section 1173 of Title 21 of the
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14 Oklahoma Statutes.
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15 3. If a parent is absent or relocates as a result of an act of
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16 domestic violence by the other parent, the absence or relocation
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17 shall not be a factor that weighs against the parent in determining
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18 custody or visitation.
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19 4. The court shall consider, as a primary factor, the safety
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20 and well-being of the child who is the victim of child abuse and of
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21 the parent who is the victim of domestic violence, harassment, or
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22 stalking behavior, in addition to other facts regarding the best
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23 interest of the child.
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1 5. The court shall consider the history of the parent causing
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2 physical harm, bodily injury, assault, verbal threats, stalking, or
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3 harassing behavior, or the fear of physical harm, bodily injury, or
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4 assault to another person including the minor child, in determining
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5 issues regarding custody and visitation.
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6 SECTION 2. This act shall become effective November 1, 2025.
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8 60-1-1096 TEK 12/30/2024 12:17:48 PM
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Req. No. 1096 Page 7Every fact on this page links to its source, starting with the official bill record.