1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 560 By: Boren
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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 awarding custody
8 or appointing guardian; defining term; and providing
8 an effective date.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 43 O.S. 2021, Section 109, is
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13 amended to read as follows:
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14 Section 109. A. In awarding the custody of a minor unmarried
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15 child or in appointing a general guardian for said child, the court
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16 shall consider what appears to be in the best interests of the
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17 physical and mental and moral welfare of the child.
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18 B. The court, pursuant to the provisions of subsection A of
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19 this section, may grant the care, custody, and control of a child to
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20 either parent or to the parents jointly.
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21 For the purposes of this section, the terms joint custody and
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22 joint care, custody, and control mean the sharing by parents in all
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23 or some of the aspects of physical and legal care, custody, and
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24 control of their children.
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 1 C. If either or both parents have requested joint custody, said
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2 parents shall file with the court their plans for the exercise of
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3 joint care, custody, and control of their child. The parents of the
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4 child may submit a plan jointly, or either parent or both parents
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5 may submit separate plans. Any plan shall include but is not
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6 limited to provisions detailing the physical living arrangements for
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7 the child, child support obligations, medical and dental care for
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8 the child, school placement, and visitation rights. A plan shall be
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9 accompanied by an affidavit signed by each parent stating that said
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10 parent agrees to the plan and will abide by its terms. The plan and
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11 affidavit shall be filed with the petition for a divorce or legal
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12 separation or after said petition is filed.
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13 D. The court shall issue a final plan for the exercise of joint
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14 care, custody, and control of the child or children, based upon the
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15 plan submitted by the parents, separate or jointly, with appropriate
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16 changes deemed by the court to be in the best interests of the
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17 child. The court also may reject a request for joint custody and
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18 proceed as if the request for joint custody had not been made.
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19 E. The parents having joint custody of the child may modify the
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20 terms of the plan for joint care, custody, and control. The
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21 modification to the plan shall be filed with the court and included
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22 with the plan. If the court determines the modifications are in the
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23 best interests of the child, the court shall approve the
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24 modifications.
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 1 F. The court also may modify the terms of the plan for joint
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2 care, custody, and control upon the request of one parent. The
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3 court shall not modify the plan unless the modifications are in the
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4 best interests of the child.
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5 G. 1. The court may terminate a joint custody decree upon the
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6 request of one or both of the parents or whenever the court
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7 determines said decree is not in the best interests of the child.
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8 2. Upon termination of a joint custody decree, the court shall
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9 proceed and issue a modified decree for the care, custody, and
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10 control of the child as if no such joint custody decree had been
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11 made.
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12 H. In the event of a dispute between the parents having joint
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13 custody of a child as to the interpretation of a provision of said
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14 plan, the court may appoint an arbitrator to resolve said dispute.
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15 The arbitrator shall be a disinterested person knowledgeable in
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16 domestic relations law and family counseling. The determination of
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17 the arbitrator shall be final and binding on the parties to the
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18 proceedings until further order of the court.
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19 If a parent refuses to consent to arbitration, the court may
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20 terminate the joint custody decree.
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21 I. 1. In every proceeding in which there is a dispute as to
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22 the custody of a minor child, a determination by the court that
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23 domestic violence, stalking, or harassment has occurred raises a
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24 rebuttable presumption that sole custody, joint legal or physical
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 1 custody, or any shared parenting plan with the perpetrator of
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2 domestic violence, harassing or stalking behavior is detrimental and
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3 not in the best interest of the child, and it is in the best
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4 interest of the child to reside with the parent who is not a
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5 perpetrator of domestic violence, harassing or stalking behavior.
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6 2. For the purposes of this subsection:
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7 a. “domestic violence” means the threat of the infliction
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8 of physical injury, any act of physical harm or the
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9 creation of a reasonable fear thereof, or the
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10 intentional infliction of emotional distress by a
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11 parent or a present or former member of the household
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12 of the child, against the child or another member of
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13 the household, including coercive control as defined
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14 by subparagraph d of this paragraph by a parent
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15 involving physical, sexual, psychological, emotional,
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16 economic or financial abuse,
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17 b. “stalking” means the willful course of conduct by a
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18 parent who repeatedly follows or harasses another
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19 person as defined in Section 1173 of Title 21 of the
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20 Oklahoma Statutes, and
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21 c. “harassment” means a knowing and willful course or
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22 pattern of conduct by a parent directed at another
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23 parent which seriously alarms or is a nuisance to the
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24 person, and which serves no legitimate purpose
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 1 including, but not limited to, harassing or obscene
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2 telephone calls or conduct that would cause a
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3 reasonable person to have a fear of death or bodily
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4 injury, and
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5 d. “coercive control” means unreasonably engaging in any
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6 of the following conduct with a current or former
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7 spouse, persons who are or were in an intimate partner
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8 or dating relationship, or persons who are biological
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9 parents of the same child:
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10 (1) intentionally isolating the person from friends,
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11 relatives, or other sources of support,
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12 (2) depriving the person of basic necessities,
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13 (3) controlling, regulating, or monitoring the
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14 person’s movements, communications, daily
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15 behavior, finances, economic resources, or access
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16 to services, which includes stalking or
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17 cyberstalking,
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18 (4) compelling the person by force, threat, or
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19 intimidation including but not limited to threats
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20 based on actual or suspected immigration status,
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21 to engage in conduct from which the person has a
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22 right to abstain, or to abstain from conduct that
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23 the person has a right to pursue,
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 1 (5) committing or threatening to commit cruelty to an
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2 animal that intimidates the person,
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3 (6) forced sex acts or threats of a sexual nature
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4 including, but not limited to, threatened acts of
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5 sexual conduct or threats to release sexual
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6 images, or
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7 (7) making demands on the person that limits free
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8 will and leads to compliance.
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9 3. If a parent is absent or relocates as a result of an act of
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10 domestic violence by the other parent, the absence or relocation
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11 shall not be a factor that weighs against the parent in determining
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12 custody or visitation.
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13 4. The court shall consider, as a primary factor, the safety
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14 and well-being of the child and of the parent who is the victim of
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15 domestic violence or stalking behavior, in addition to other facts
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16 regarding the best interest of the child.
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17 5. The court shall consider the history of the parent causing
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18 physical harm, bodily injury, assault, verbal threats, stalking, or
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19 harassing behavior, or the fear of physical harm, bodily injury, or
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20 assault to another person, including the minor child, in determining
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21 issues regarding custody and visitation.
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22 SECTION 2. This act shall become effective November 1, 2023.
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24 59-1-1346 TEK 1/17/2023 5:39:32 PM
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