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Bill > SB1580


OK SB1580

OK SB1580
Child custody; creating a rebuttable presumption of joint child custody. Effective date.


summary

Introduced
02/02/2026
In Committee
02/03/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An Act relating to child custody; amending 43 O.S. 2021, Sections 109, as amended by Section 1, Chapter 24, O.S.L. 2024, and 112 (43 O.S. Supp. 2025, Section 109), which relate to care and custody of children; creating a rebuttable presumption of joint child custody; creating a rebuttable presumption of sole custody in certain circumstances; updating statutory language; and providing an effective date.

AI Summary

This bill establishes a rebuttable presumption of joint child custody, meaning courts will generally assume that shared parenting time and decision-making are in a child's best interest, unless evidence proves otherwise. This presumption can be overcome by a preponderance of the evidence, which means more likely than not. The bill also creates a rebuttable presumption that sole custody is in the child's best interest if a parent has committed child abuse, domestic violence, stalking, or harassment, or if a parent is required to register as a sex offender. In such cases, the child would be presumed to be better off living with the parent who is not the perpetrator. The bill updates existing laws regarding child custody, defining terms like "child abuse," "domestic violence," "harassment," and "stalking" to clarify these circumstances. It also specifies that a parent's absence or relocation due to domestic violence will not negatively impact their custody or visitation rights. The bill will become effective on November 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Second Reading referred to Judiciary (on 02/03/2026)

bill text


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