This bill amends Section 109 of Title 43 of the Oklahoma Statutes, which pertains to child custody and guardianship. It emphasizes that in custody decisions, the court must prioritize the best interests of the child's physical, mental, and moral welfare. The bill introduces a definition for "coercive control," detailing various forms of abusive behavior that can impact custody decisions. It establishes a rebuttable presumption against joint custody or shared parenting plans if there is evidence of child abuse, domestic violence, stalking, or harassment by one parent. The court is also required to consider the safety and well-being of both the child and the victimized parent when making custody determinations.

Additionally, the bill outlines the process for parents seeking joint custody, including the requirement to submit a detailed plan for care, custody, and control of the child, which must be approved by the court. It allows for modifications to custody plans and provides mechanisms for resolving disputes through arbitration. The bill also clarifies that a parent's absence due to domestic violence will not negatively impact their custody rights. The effective date for this legislation is set for November 1, 2025.

Statutes affected:
Introduced: 43-109