This bill amends Section 109 of Title 43 of the Oklahoma Statutes, which pertains to child custody determinations. The legislation modifies the factors that courts must consider when awarding custody, emphasizing that the best interests of the child are paramount. Notably, it establishes a rebuttable presumption that joint custody and equally shared parenting time are in the child's best interest, unless evidence suggests otherwise. The bill also outlines specific factors for the court to consider, such as the wishes of the parents and the child, the child's adjustment to their home and community, and the mental and physical health of all individuals involved. Additionally, it addresses the implications of domestic violence, stalking, and harassment on custody arrangements, creating a presumption against shared parenting plans with perpetrators of such behaviors.

Furthermore, the bill introduces new provisions regarding the modification and termination of joint custody agreements. It stipulates that a joint custody decree cannot be terminated upon the request of one parent within two years of its establishment unless certain conditions are met, such as evidence of endangerment to the child's well-being. The court is also empowered to appoint an arbitrator to resolve disputes between parents regarding custody plans. The effective date for this legislation is set for November 1, 2025.

Statutes affected:
Introduced: 43-109