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Bill > SB1708


OK SB1708

OK SB1708
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

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)

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