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Bill > HB2392
OK HB2392
OK HB2392Marriage and families; custody or guardianship; presumption; unfit; effective date.
summary
Introduced
02/03/2025
02/03/2025
In Committee
04/22/2025
04/22/2025
Crossed Over
03/18/2025
03/18/2025
Passed
05/05/2025
05/05/2025
Dead
Signed/Enacted/Adopted
05/12/2025
05/12/2025
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to marriage and families; amending 43 O.S. 2021, Section 112.5, as amended by Section 37, Chapter 59, O.S.L. 2024 (43 O.S. Supp. 2024, Section 112.5), which relates to custody or guardianship; providing for presumption that parent is unfit; and providing an effective date. SUBJECT: Marriage and families
AI Summary
This bill amends Oklahoma's existing law regarding child custody and guardianship by expanding the circumstances under which a parent may be presumed unfit. Specifically, the bill adds an eighth criteria to the existing seven conditions that create a rebuttable presumption of parental unfitness: conviction of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act. The law maintains that courts should generally award custody to a parent unless clear and convincing evidence demonstrates the parent is unfit. The bill outlines multiple scenarios that could disqualify a parent from custody, including being a registered sex offender, having certain criminal convictions, being alcohol or drug dependent in a way that could harm themselves or others, having a history of domestic abuse, or residing with someone who has committed specified serious crimes. The legislation also establishes strict conditions for modifying existing custody arrangements, requiring proof of a substantial, permanent change in circumstances that directly affects the child's best interests. The bill is set to become effective on November 1, 2025, providing time for legal professionals and families to understand and prepare for the new provisions.
Committee Categories
Justice
Sponsors (4)
Last Action
Becomes law without Governor's signature 05/11/2025 (on 05/12/2025)
Official Document
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