This bill amends Section 112.5 of Title 43 of the Oklahoma Statutes, which pertains to custody and guardianship of children. It establishes a presumption that a parent is unfit for custody under certain conditions, including if they have been convicted of specific crimes, such as those related to child abuse or domestic violence, or if they are living with someone who has such convictions. The bill introduces a new criterion for unfitness, stating that a parent may be presumed unfit if they have been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act. Additionally, it clarifies that a court must award custody to a parent unless a nonparent can prove the parent's unfitness by clear and convincing evidence.

The bill also outlines the circumstances under which custody or guardianship may be awarded to nonparents, emphasizing the importance of the child's welfare and the stability of their living environment. It specifies that a custody determination can only be modified under certain conditions, ensuring that any changes are in the best interest of the child. The effective date for this legislation is set for November 1, 2025.

Statutes affected:
Introduced: 43-112.5