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Bill > HB2392


OK HB2392

OK HB2392
Marriage and families; custody or guardianship; presumption; unfit; effective date.


summary

Introduced
02/03/2025
In Committee
04/22/2025
Crossed Over
03/18/2025
Passed
05/05/2025
Dead
Signed/Enacted/Adopted
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)

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