The proposed bill, known as the "Equal Parenting Act," amends existing child custody laws in Oklahoma to emphasize joint custody and shared parenting time as the default arrangement in custody cases. It modifies the language in Section 109 of Title 43, stating that the court must consider what "is" in the best interests of the child, rather than what "appears to be." The bill establishes a rebuttable presumption that joint custody and equally shared parenting time is in the child's best interest, unless evidence suggests otherwise. Additionally, it requires parents seeking joint custody to submit a detailed plan for the child's care, which the court will review and can modify as necessary.

The bill also introduces provisions to address concerns regarding child abuse, domestic violence, and other harmful behaviors. It creates a rebuttable presumption against shared custody arrangements if one parent has a history of such behaviors or is registered under certain sex offender registries. The court is mandated to prioritize the safety and well-being of the child and the victimized parent when making custody determinations. The act is set to take effect on November 1, 2026.

Statutes affected:
Introduced: 43-109