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An Act
ENROLLED HOUSE
BILL NO. 2392 By: Adams, Hill, and Sneed of
the House
and
Seifried of the Senate
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
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 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), is amended to read as follows:
Section 112.5. A. Custody or guardianship of a child may be
awarded to:
1. A parent or to both parents jointly;
2. A grandparent;
3. A person who was indicated by the wishes of a deceased
parent;
4. A relative of either parent;
ENR. H. B. NO. 2392 Page 2
5. The person in whose home the child has been living in a
wholesome and stable environment including, but not limited to, a
foster parent; or
6. Any other person deemed by the court to be suitable and able
to provide adequate and proper care and guidance for the child.
B. In applying subsection A of this section, a court shall
award custody or guardianship of a child to a parent, unless a
nonparent proves by clear and convincing evidence that:
1. For a period of at least twelve (12) months out of the last
fourteen (14) months immediately preceding the commencement of the
custody or guardianship proceeding, the parent has willfully failed,
refused, or neglected to contribute to the support of the child:
a. in substantial compliance with a support provision or
an order entered by a court of competent jurisdiction
adjudicating the duty, amount, and manner of support,
or
b. according to the financial ability of the parent to
contribute to the support of the child if no provision
for support is entered by a court of competent
jurisdiction, or an order of modification subsequent
thereto.
For purposes of this paragraph, incidental or token financial
contributions shall not be considered in establishing whether a
parent has satisfied his or her obligation under subparagraphs a and
b of this paragraph; or
2. a. the child has been left in the physical custody of a
nonparent by a parent or parents of the child for one
(1) year or more, excluding parents on active duty in
the military, and
b. the parent or parents have not maintained regular
visitation or communication with the child.
For purposes of this paragraph, incidental or token visits or
communications shall not be considered in determining whether a
parent or parents have regularly maintained visitation or
communication.
ENR. H. B. NO. 2392 Page 3
C. In applying subsection A of this section, a court shall
award custody or guardianship of a child to a parent, unless the
court finds that the parent is affirmatively unfit. There shall be
a rebuttable presumption that a parent is affirmatively unfit if the
parent:
1. Is or has been subject to the registration requirements of
the Oklahoma Sex Offenders Registration Act or any similar act in
any other state, except as provided in subsection D of this section;
2. Has been convicted of a crime listed in Section 582 of Title
57 of the Oklahoma Statutes;
3. Is an alcohol-dependent person or a drug-dependent person as
established by clear and convincing evidence and who can be expected
in the near future to inflict or attempt to inflict serious bodily
harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within the past five
(5) years;
5. Is residing with a person who is or has been subject to the
registration requirements of the Oklahoma Sex Offenders Registration
Act or any similar act in any other state;
6. Is residing with a person who has been convicted of a crime
listed in Section 843.5 of Title 21 or in Section 582 of Title 57 of
the Oklahoma Statutes; or
7. Is residing with a person who has been convicted of domestic
abuse within the past five (5) years; or
8. Has been convicted of a crime listed in the Oklahoma Child
Abuse Reporting and Prevention Act.
D. In applying subsection A of this section, a court shall not
award custody or guardianship of a child to any person who has been
convicted, whether upon a verdict or plea of guilty or upon a plea
of nolo contendere, or received a suspended sentence or any
probationary term, or is currently serving a sentence or any form of
probation or parole in a court in any state of any of the following
crimes:
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1. Sexual abuse or sexual exploitation of a child, Section
843.5 of Title 21 of the Oklahoma Statutes;
2. Child endangerment, if the offense involved sexual abuse of
a child, Section 852.1 of Title 21 of the Oklahoma Statutes;
3. Kidnapping, if the offense involved sexual abuse or sexual
exploitation of a child, Section 741 of Title 21 of the Oklahoma
Statutes;
4. Incest, Section 885 of Title 21 of the Oklahoma Statutes;
5. Forcible sodomy of a child, Section 888 of Title 21 of the
Oklahoma Statutes;
6. Child stealing, if the offense involved sexual abuse or
sexual exploitation, Section 891 of Title 21 of the Oklahoma
Statutes;
7. Procuring minors for participation in child sexual abuse
material, Section 1021.2 of Title 21 of the Oklahoma Statutes;
8. Consent to participation of minors in child sexual abuse
material, Section 1021.3 of Title 21 of the Oklahoma Statutes;
9. Facilitating, encouraging, offering or soliciting sexual
conduct with a minor by use of technology, Section 1040.13a of Title
21 of the Oklahoma Statutes;
10. Distributing child sexual abuse material, Section 1040.13
of Title 21 of the Oklahoma Statutes;
11. Possession, purchase or procurement of child sexual abuse
material, Section 1024.2 of Title 21 of the Oklahoma Statutes;
12. Aggravated possession of child sexual abuse material,
Section 1040.12a of Title 21 of the Oklahoma Statutes;
13. Procuring a child under eighteen (18) years of age for
prostitution, Section 1087 of Title 21 of the Oklahoma Statutes;
14. Inducing, keeping, detaining or restraining a child under
eighteen (18) years of age for prostitution, Section 1088 of Title
21 of the Oklahoma Statutes;
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15. First degree rape, Section 1114 of Title 21 of the Oklahoma
Statutes;
16. Lewd or indecent proposals or acts to a child under sixteen
(16) years of age, Section 1123 of Title 21 of the Oklahoma
Statutes; or
17. Solicitation of minors in any crime provided in subsection
B of Section 1021 of Title 21 of the Oklahoma Statutes.
E. Subject to subsection F of this section, a custody
determination made in accordance with subsections B and C of this
section shall not be modified unless the person seeking the
modification proves that:
1. Since the making of the order sought to be modified, there
has been a permanent, material, and substantial change of conditions
that directly affects the best interests of the child; and
2. That as a result of such change of circumstances, the child
would be substantially better off with regard to its temporal,
mental, and moral welfare if custody were modified.
F. If the custody determination made in accordance with
subsections B and C of this section indicates that custody is
temporary, the determination may be modified upon a showing that the
conditions which led to the custody or guardianship determination no
longer exist.
SECTION 2. This act shall become effective November 1, 2025.
ENR. H. B. NO. 2392 Page 6
Passed the House of Representatives the 17th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________