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Bill > SB1708
OK SB1708
OK SB1708Child custody; creating a rebuttable presumption of joint child custody. Effective date.
summary
Introduced
02/02/2026
02/02/2026
In Committee
02/03/2026
02/03/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
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; updating statutory language; and providing an effective date.
AI Summary
This bill establishes a rebuttable presumption that joint custody and equally shared parenting time are in the best interest of a child, meaning courts should assume this is the best arrangement unless proven otherwise by a preponderance of the evidence, which is a standard of proof requiring more than 50% certainty. This change applies to child custody decisions in Oklahoma, aiming to ensure children have frequent and continuing contact with both parents after separation or divorce, and encourages parents to share child-rearing responsibilities. However, the bill also clarifies that if a court finds child abuse, domestic violence, stalking, or harassment by one parent, there is a rebuttable presumption that joint custody or any shared parenting plan with that parent is detrimental to the child's well-being, and custody should instead reside with the parent who is not the perpetrator. The bill updates existing statutes concerning child custody and care, and it will become effective on November 1, 2026.
Committee Categories
Justice
Sponsors (2)
Last Action
Senate Committee Committee Amendment - Committee Amendment (on 02/20/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1708&Session=2600 |
| Committee Amendment | https://www.oklegislature.gov/cf_pdf/2025-26%20COMMITTEE%20AMENDMENTS/Senate/SB1708%20PCS.PDF |
| Fiscal Note/Analysis - Senate: Introduced | https://www.oklegislature.gov/cf_pdf/2025-26%20SUPPORT%20DOCUMENTS/BILLSUM/Senate/SB1708%20INT%20BILLSUM.PDF |
| BillText | https://www.oklegislature.gov/cf_pdf/2025-26%20INT/SB/SB1708%20INT.PDF |
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