1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 901 By: Jett
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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, which relates to care and custody
8 of children; modifying requirements for certain
8 presumption; defining term; modifying definitions;
9 requiring court to consider certain factors; updating
9 statutory language; and providing an effective 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, is
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14 amended to read as follows:
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15 Section 109. A. In awarding the custody of a minor unmarried
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16 child or in appointing a general guardian for said the child, the
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17 court shall consider what appears to be in the best interests of the
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18 physical and mental and moral welfare of the child.
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19 B. The court, pursuant to the provisions of subsection A of
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20 this section, may grant the care, custody, and control of a child to
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21 either parent or to the parents jointly.
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22 For the purposes of this section, the terms joint custody and
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23 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, said
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4 the parents shall file with the court their plans for the exercise
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5 of joint care, custody, and control of their child. The parents of
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6 the child may submit a plan jointly, or either parent or both
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7 parents may submit separate plans. Any plan shall include but is
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8 not limited to provisions detailing the physical living arrangements
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9 for the child, child support obligations, medical and dental care
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10 for the child, school placement, and visitation rights. A plan
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11 shall be accompanied by an affidavit signed by each parent stating
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12 that said the parent agrees to the plan and will abide by its terms.
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13 The plan and affidavit shall be filed with the petition for a
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14 divorce or legal separation or after said 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 said the decree is not in the best interests of the
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10 child.
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11 2. Upon termination of a joint custody decree, the court shall
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12 proceed and issue a modified decree for the care, custody, and
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13 control of the child as if no such joint custody decree had been
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14 made.
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15 H. In the event of a dispute between the parents having joint
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16 custody of a child as to the interpretation of a provision of said
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17 the plan, the court may appoint an arbitrator to resolve said the
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18 dispute. The arbitrator shall be a disinterested person
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19 knowledgeable in domestic relations law and family counseling. The
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20 determination of the arbitrator shall be final and binding on the
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21 parties to the proceedings until further order of the court.
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22 If a parent refuses to consent to arbitration, the court may
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23 terminate the joint custody decree.
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 1 I. 1. In every proceeding in which there is a dispute as to
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2 the custody of a minor child, a determination by the court that
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3 child abuse, domestic violence, stalking, or harassment has occurred
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4 raises a rebuttable presumption that sole custody, joint legal or
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5 physical custody, or any shared parenting plan with the perpetrator
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6 of child abuse, domestic violence, harassing or stalking behavior is
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7 detrimental and not in the best interest of the child, and it is in
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8 the best interest of the child to reside with the parent who is not
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9 a perpetrator of child abuse, domestic violence, harassing or
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10 stalking behavior.
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11 2. For the purposes of this subsection:
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12 a. “child abuse” shall have the same meaning as “abuse”
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13 as defined pursuant to the Oklahoma Children’s Code in
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14 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
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15 b. “domestic violence” means the threat of the infliction
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16 of physical injury, any act of physical harm or the
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17 creation of a reasonable fear thereof, or the
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18 intentional infliction of emotional distress by a
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19 parent or a present or former member of the household
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20 of the child, against the child or another member of
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21 the household, including coercive control by a parent
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22 involving physical, sexual, psychological, emotional,
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23 economic or financial abuse,
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 1 b. “stalking” means the willful course of conduct by a
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2 parent who repeatedly follows or harasses another
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3 person as defined in Section 1173 of Title 21 of the
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4 Oklahoma Statutes, and
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5 c. “harassment” means a knowing and willful course or
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6 pattern of conduct by a parent directed at another
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7 parent which seriously alarms or is a nuisance to the
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8 person, and which serves no legitimate purpose
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9 including, but not limited to, harassing or obscene
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10 telephone calls or conduct that would cause a
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11 reasonable person to have a fear of death or bodily
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12 injury, and
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13 d. “stalking” means the willful course of conduct by a
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14 parent who repeatedly follows or harasses another
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15 person as defined in Section 1173 of Title 21 of the
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16 Oklahoma Statutes.
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17 3. If a parent is absent or relocates as a result of an act of
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18 domestic violence by the other parent, the absence or relocation
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19 shall not be a factor that weighs against the parent in determining
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20 custody or visitation.
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21 4. The court shall consider, as a primary factor, the safety
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22 and well-being of the child who is the victim of child abuse and of
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23 the parent who is the victim of domestic violence, harassment, or
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 1 stalking behavior, in addition to other facts regarding the best
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2 interest of the child.
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3 5. The court shall consider the history of the parent causing
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4 physical harm, bodily injury, assault, verbal threats, stalking, or
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5 harassing behavior, or the fear of physical harm, bodily injury, or
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6 assault to another person, including the minor child, in determining
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7 issues regarding custody and visitation.
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8 SECTION 2. This act shall become effective November 1, 2023.
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10 59-1-744 TEK 1/19/2023 10:28:28 AM
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