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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 495 By: Bullard
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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 112, which relates to care and custody
8 of children; requiring court to consider certain
8 factors; requiring hearing upon certain allegation;
9 requiring court to make determination and enter
9 findings; setting deadline for evidentiary hearing
10 upon certain pleading; authorizing certain emergency
10 orders; prohibiting denial or restriction of custody
11 or visitation for certain reasonable and good-faith
11 actions; requiring award of sole custody and
12 suspension of visitation upon certain findings;
12 prohibiting refusal to consider certain evidence;
13 authorizing court to order payment of certain costs
13 and fees; updating statutory language; and providing
14 an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 43 O.S. 2021, Section 112, is
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19 amended to read as follows:
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20 Section 112. A. A petition or cross-petition for a divorce,
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21 legal separation, or annulment must shall state whether or not the
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22 parties have minor children of the marriage. If there are minor
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23 children of the marriage, the court:
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1 1. Shall make provision for guardianship, custody, medical
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2 care, support and education of the children;
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3 2. Unless not in the best interests of the children, may
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4 provide for the visitation of the noncustodial parent with any of
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5 the children of the noncustodial parent; and
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6 3. May modify or change any order whenever circumstances render
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7 the change proper either before or after final judgment in the
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8 action; provided, that the amount of the periodic child support
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9 payment shall not be modified retroactively or payment of all or a
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10 portion of the past due amount waived, except by mutual agreement of
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11 the obligor and obligee, or if the obligee has assigned child
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12 support rights to the Department of Human Services or other entity,
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13 by agreement of the Department or other entity. Unless the parties
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14 agree to the contrary, a completed child support computation form
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15 provided for in Section 120 of this title shall be required to be
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16 filed with the child support order.
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17 The social security numbers of both parents and the child shall
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18 be included on the child support order summary form provided for in
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19 Section 120 of this title, which shall be submitted to the Central
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20 Case Registry as provided for in Section 112A of this title with all
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21 child support or paternity orders.
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22 B. In any action in which there are minor unmarried children in
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23 awarding or modifying the custody of the child or in appointing a
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24 general guardian for the child, the court shall be guided by the
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1 provisions of Section 112.5 of this title and shall consider what
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2 appears to be in the best interests of the child.
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3 C. In awarding or modifying custody or visitation of a child,
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4 if a party to the action alleges that the other party has committed
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5 an act of child abuse against the child, or committed an act of
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6 domestic violence against the party making the allegation or a
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7 family or household member of either party, the court shall, before
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8 considering any other best interest factors, hear and determine upon
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9 competent admissible evidence the allegations set forth and enter
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10 findings regarding any child abuse or domestic violence. The
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11 evidentiary hearing for such determination shall be held within
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12 sixty (60) days of the filing of a verified pleading; provided,
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13 however, the court may issue any necessary emergency orders to
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14 protect the child. If a parent makes a good-faith allegation based
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15 on a reasonable belief supported by facts that the child is the
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16 victim of child abuse or the effects of domestic violence, and if
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17 that parent acts lawfully and in good faith in response to that
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18 reasonable belief to protect the child or seek treatment for the
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19 child, then that parent shall not be deprived of custody,
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20 visitation, or contact with the child, or restricted in custody,
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21 visitation, or contact, based solely on that belief or the
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22 reasonable actions taken based on that belief. If the court finds a
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23 pattern of child abuse or domestic violence by a parent, the court
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24 shall award sole custody of the child to the non-offending parent or
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1 party and shall suspend visitation or award only supervised
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2 visitation to the parent engaged in a pattern of abusive or violent
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3 behavior. If the court finds that a party has not engaged in a
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4 pattern of child abuse or domestic violence, the court may not
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5 refuse to consider additional evidence of child abuse or domestic
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6 violence presented later in the case. Upon a finding that a parent
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7 has committed child abuse or domestic violence, the court may order
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8 payment by the offending parent of court costs and fees including,
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9 but not limited to, attorney and expert fees that are incurred by
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10 the non-offending parent to prepare for and participate in the
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11 evidentiary hearing.
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12 D. 1. When it is in the best interests of a minor unmarried
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13 child, the court shall:
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14 a. assure children of frequent and continuing contact
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15 with both parents after the parents have separated or
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16 dissolved their marriage, and
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17 b. encourage parents to share the rights and
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18 responsibilities of child rearing in order to effect
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19 this policy.
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20 2. There shall be neither a legal preference nor a presumption
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21 for or against joint legal custody, joint physical custody, or sole
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22 custody.
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23 3. When in the best interests of the child, custody shall be
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24 awarded in a way which assures the frequent and continuing contact
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1 of the child with both parents. When awarding custody to either
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2 parent, the court:
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3 a. shall consider, among other facts, which parent is
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4 more likely to allow the child or children frequent
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5 and continuing contact with the noncustodial parent,
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6 and
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7 b. shall not prefer a parent as a custodian of the child
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8 because of the gender of that parent.
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9 4. In any action, there shall be neither a legal preference or
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10 nor a presumption for or against private or public school or home-
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11 schooling in awarding the custody of a child, or in appointing a
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12 general guardian for the child.
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13 5. Notwithstanding any custody determination made pursuant to
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14 the Oklahoma Children's Code, when a parent of a child is required
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15 to be separated from a child due to military service, the court
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16 shall not enter a final order modifying an existing custody order
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17 until such time as the parent has completed the term of duty
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18 requiring separation. For purposes of this paragraph:
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19 a. in the case of a parent who is a member of the Army,
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20 Navy, Air Force, Marine Corps or Coast Guard, the term
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21 "military service" means a combat deployment,
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22 contingency operation, or natural disaster requiring
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23 the use of orders that do not permit any family member
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24 to accompany the member,
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1 b. in the case of a parent who is a member of the
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2 National Guard, the term "military service" means
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3 service under a call to active service authorized by
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4 the President of the United States or the Secretary of
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5 Defense for a period of more than thirty (30)
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6 consecutive days under 32 U.S.C. 502(f) for purposes
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7 of responding to a national emergency declared by the
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8 President and supported by federal funds. "Military
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9 service" shall include any period during which a
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10 member is absent from duty on account of sickness,
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11 wounds, leave or other lawful cause, and
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12 c. the court may enter a temporary custody or visitation
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13 order pursuant to the requirements of the Deployed
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14 Parents Custody and Visitation Act.
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15 6. In making an order for custody, the court shall require
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16 compliance with Section 112.3 of this title.
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17 D. E. 1. Except for good cause shown, a pattern of failure to
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18 allow court-ordered visitation may be determined to be contrary to
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19 the best interests of the child and as such may be grounds for
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20 modification of the child custody order.
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21 2. For any action brought pursuant to the provisions of this
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22 section which the court determines to be contrary to the best
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23 interests of the child, the prevailing party shall be entitled to
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1 recover court costs, attorney fees and any other reasonable costs
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2 and expenses incurred with the action.
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3 E. F. Except as otherwise provided by Section 112.1A of this
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4 title, any child shall be entitled to support by the parents until
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5 the child reaches eighteen (18) years of age. If a child is
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6 regularly enrolled in and attending high school, as set forth in
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7 Section 11-103.6 of Title 70 of the Oklahoma Statutes, other means
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8 of high school education, or an alternative high school education
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9 program as a full-time student, the child shall be entitled to
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10 support by the parents until the child graduates from high school or
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11 until the age of twenty (20) years, whichever occurs first. Full-
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12 time attendance shall include regularly scheduled breaks from the
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13 school year. No hearing or further order is required to extend
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14 support pursuant to this subsection after the child reaches the age
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15 of eighteen (18) years.
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16 F. G. In any case in which provision is made for the custody or
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17 support of a minor child or enforcement of such order and before
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18 hearing the matter or signing any orders, the court shall inquire
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19 whether public assistance money or medical support has been provided
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20 by the Department of Human Services, hereafter referred to as the
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21 Department, for the benefit of each child. If public assistance
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22 money, medical support, or child support services under the state
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23 child support plan as provided in Section 237 of Title 56 of the
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24 Oklahoma Statutes have been provided for the benefit of the child,
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1 the Department shall be a necessary party for the adjudication of
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2 the debt due to the State of Oklahoma, as defined in Section 238 of
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3 Title 56 of the Oklahoma Statutes, and for the adjudication of
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4 paternity, child support, and medical insurance coverage for the
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5 minor children in accordance with federal regulations. When an
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6 action is filed, the petitioner shall give the Department notice of
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7 the action according to Section 2004 of Title 12 of the Oklahoma
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8 Statutes. The Department shall not be required to intervene in the
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9 action to have standing to appear and participate in the action.
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10 When the Department is a necessary party to the action, any orders
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11 concerning paternity, child support, medical support, or the debt
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12 due to the State of Oklahoma shall be approved and signed by the
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13 Department.
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14 G. H. In any case in which a child support order or custody
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15 order or both is entered, enforced or modified, the court may make a
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16 determination of the arrearages of child support.
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17 SECTION 2. This act shall become effective November 1, 2025.
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19 60-1-299 TEK 1/19/2025 5:37:30 AM
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