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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3909 By: Hefner
AS INTRODUCED
An Act relating to marriage; amending 43 O.S. 2021,
Section 107.3, which relates to divorce and alimony;
providing information report shall contain; providing
that certain manual be reviewed annually; amending 43
O.S. 2021, Section 120.7, which relates to court
experts; providing information resume shall contain;
prohibiting the waiver of disclosures; modifying
training provisions; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 107.3, is
amended to read as follows:
Section 107.3. A. 1. In any proceeding when the custody or
visitation of a minor child or children is contested by any party,
the court may appoint an attorney at law as guardian ad litem upon
motion of the court or upon application of any party to appear for
and represent the minor children.
2. The guardian ad litem may be appointed to objectively
advocate on behalf of the child and act as an officer of the court
to investigate all matters concerning the best interests of the
child. In addition to other duties required by the court and as
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specified by the court, a guardian ad litem shall have the following
responsibilities:
a. review documents, reports, records and other
information relevant to the case, meet with and
observe the child in appropriate settings, and
interview parents, caregivers and health care
providers and any other person with knowledge relevant
to the case including, but not limited to, teachers,
counselors and child care providers,
b. advocate for the best interests of the child by
participating in the case, attending any hearings in
the matter and advocating for appropriate services for
the child when necessary,
c. monitor the best interests of the child throughout any
judicial proceeding,
d. present written factual reports to the parties and
court prior to trial or at any other time as specified
by the court on the best interests of the child, which
determination is solely the decision of the court.
Such written factual reports shall contain all
allegations of domestic violence against either party,
and
e. the guardian ad litem shall, as much as possible,
maintain confidentiality of information related to the
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case and is not subject to discovery pursuant to the
Oklahoma Discovery Code.
3. Expenses, costs, and attorney fees for the guardian ad litem
may be allocated among the parties as determined by the court.
4. The Oklahoma Bar Association shall develop a standard
operating manual for guardians ad litem which shall include, but not
be limited to, legal obligations and responsibilities, information
concerning child abuse, child development, domestic abuse, sexual
abuse, and parent and child behavioral health and management
including best practices. After publication of the manual, all
guardians ad litem shall certify to the court in which he or she is
appointed as a guardian ad litem that the manual has been read and
all provisions contained therein are understood. The guardian ad
litem shall also certify that he or she agrees to follow the best
practices described within the standard operating manual. The
Administrative Office of the Courts shall provide public access to
the standard operating manual by providing a link to the manual on
the Oklahoma State Courts Network (OSCN) website. The standard
operating manual shall be reviewed and updated annually by the
Oklahoma Bar Association.
B. When property, separate maintenance, or custody is at issue,
the court:
1. May refer the issue or issues to mediation if feasible
unless a party asserts or it appears to the court that domestic
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violence or child abuse has occurred, in which event the court shall
halt or suspend professional mediation unless the court specifically
finds that:
a. the following three conditions are satisfied:
(1) the professional mediator has substantial
training concerning the effects of domestic
violence or child abuse on victims,
(2) a party who is or alleges to be the victim of
domestic violence is capable of negotiating with
the other party in mediation, either alone or
with assistance, without suffering an imbalance
of power as a result of the alleged domestic
violence, and
(3) the mediation process contains appropriate
provisions and conditions to protect against an
imbalance of power between parties resulting from
the alleged domestic violence or child abuse, or
b. in the case of domestic violence involving parents,
the parent who is or alleges to be the victim requests
mediation and the mediator is informed of the alleged
domestic violence; and
2. When custody is at issue, the court may order, in addition
to or in lieu of the provisions of paragraph 1 of this subsection,
that each of the parties undergo individual counseling in a manner
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that the court deems appropriate, if the court finds that the
parties can afford the counseling.
C. As used in this section:
1. "Child abuse or neglect" shall have the same meaning as
"abuse" or "neglect" as defined by Section 1-1-105 of Title 10A of
the Oklahoma Statutes or shall mean the child has been adjudicated
deprived as a result of the actions or omission of either parent
pursuant to the Oklahoma Children's Code; and
2. "Domestic violence" shall have the same meaning as such term
is defined by the Protection from Domestic Abuse Act.
D. During any proceeding concerning child custody, should it be
determined by the court that a party has intentionally made a false
or frivolous accusation to the court of child abuse or neglect
against the other party, the court shall proceed with any or all of
the following:
1. Find the accusing party in contempt for perjury and refer
for prosecution;
2. Consider the false allegations in determining custody; and
3. Award the obligation to pay all court costs and legal
expenses encumbered by both parties arising from the allegations to
the accusing party.
SECTION 2. AMENDATORY 43 O.S. 2021, Section 120.7, is
amended to read as follows:
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Section 120.7. A. As used in this section, "court expert"
means a parenting coordinator, guardian ad litem, custody evaluator
or any other person appointed by the court in a custody or
visitation proceeding involving children.
B. Before the court appoints an individual as a court expert,
the following disclosures shall be made by the candidate to the
parties:
1. A disclosure of any prior relationships with any party,
attorney or judge in the pending action;
2. A complete resume disclosing all personal and professional
qualifications to serve as a court expert, including, but not
limited to, the mandatory trainings described in this section;
3. Any suspensions from practice, reprimands, or other formal
punishments resulting from an adjudication of complaints filed
against the person with the professional licensing board or other
organization authorized to receive complaints regarding the
performance of the individual in question; and
4. Any criminal convictions within the past ten (10) years and
inclusion on any sexual offender list.
C. The disclosures required to be made pursuant to subsection B
of this section shall not be waived by any party.
D. A party may file an objection to the appointment of a
proposed court expert within fifteen (15) days after the receipt of
the disclosures required by subsection B of this section. Upon
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filing an objection to the proposed court expert, the court shall
set the matter for hearing. If requested, the party objecting to
the appointment of the proposed court expert shall be entitled to
discovery related to the qualifications and appropriateness of the
proposed court expert prior to hearing.
D. E. In any case involving domestic violence, stalking or
harassment as defined by paragraph 2 of subsection I of Section 109
of this title, the The court expert shall have completed sixteen
(16) six (6) hours of domestic violence training prior to
appointment and shall complete two (2) continuing hours of domestic
violence training annually that includes, but is not limited to,
information regarding the danger and lethality of domestic violence,
the causes and dynamics of domestic violence, the impact of domestic
violence upon victims and children, and the characteristics of a
batterer as a parent.
SECTION 3. This act shall become effective November 1, 2026.
60-2-14937 CMA 01/05/26