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SENATE FLOOR VERSION
February 24, 2026
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1708 By: Jech, Jett, Standridge, and
Prieto of the Senate
and
Tedford of the House
[ child custody - presumption - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 109, as
amended by Section 1, Chapter 24, O.S.L. 2024 (43 O.S. Supp. 2025,
Section 109), is amended to read as follows:
Section 109. A. In awarding the custody of a minor unmarried
child or in appointing a general guardian for the child, the court
shall consider what appears to be in the best interests of the
physical and, mental, and moral welfare of the child. Subject to
subsection I of this section, there shall be a presumption,
rebuttable by a preponderance of the evidence, that joint custody
and equally shared parenting time, to the extent feasible, is in the
best interest of the child.
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B. The court, pursuant to the provisions of subsection A of
this section, may grant the care, custody, and control of a child to
either parent or to the parents jointly.
For the purposes of this section, the terms joint custody and
joint care, custody, and control mean the sharing by parents in all
or some of the aspects of physical and legal care, custody, and
control of their children.
C. If either or both parents have requested joint custody, the
parents shall file with the court their plans for the exercise of
joint care, custody, and control of their child. The parents of the
child may submit a plan jointly, or either parent or both parents
may submit separate plans. Any plan shall include, but is not
limited to, provisions detailing the physical living arrangements
for the child, child support obligations, medical and dental care
for the child, school placement, and visitation rights. A plan
shall be accompanied by an affidavit signed by each parent stating
that the parent agrees to the plan and will abide by its terms. The
plan and affidavit shall be filed with the petition for a divorce or
legal separation or after the petition is filed.
D. The court shall issue a final plan for the exercise of joint
care, custody, and control of the child or children, based upon the
plan submitted by the parents, separate or jointly, with appropriate
changes deemed by the court to be in the best interests of the
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child. The court also may reject a request for joint custody and
proceed as if the request for joint custody had not been made.
E. The parents having joint custody of the child may modify the
terms of the plan for joint care, custody, and control. The
modification to the plan shall be filed with the court and included
with the plan. If the court determines the modifications are in the
best interests of the child, the court shall approve the
modifications.
F. The court also may modify the terms of the plan for joint
care, custody, and control upon the request of one parent. The
court shall not modify the plan unless the modifications are in the
best interests of the child.
G. 1. The court may terminate a joint custody decree upon the
request of one or both of the parents or whenever the court
determines the decree is not in the best interests of the child.
2. Upon termination of a joint custody decree, the court shall
proceed and issue a modified decree for the care, custody, and
control of the child as if no such joint custody decree had been
made.
H. In the event of a dispute between the parents having joint
custody of a child as to the interpretation of a provision of the
plan, the court may appoint an arbitrator to resolve the dispute.
The arbitrator shall be a disinterested person knowledgeable in
domestic relations law and family counseling. The determination of
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the arbitrator shall be final and binding on the parties to the
proceedings until further order of the court. If a parent refuses
to consent to arbitration, the court may terminate the joint custody
decree.
I. 1. In every proceeding in which there is a dispute as to
the custody of a minor child, a determination by the court that
child abuse, domestic violence, stalking, or harassment has occurred
raises a rebuttable presumption that sole custody, joint legal or
physical custody, or any shared parenting plan with the perpetrator
of child abuse, domestic violence, harassing, or stalking behavior
is detrimental to and not in the best interest of the child, and it
is in the best interest of the child to reside with the parent who
is not a perpetrator of child abuse, domestic violence, harassing,
or stalking behavior. Further, in such proceedings, where a parent
is required to register pursuant to the Sex Offenders Registration
Act, the Mary Rippy Violent Crime Offenders Registration Act, or a
similar registration in another state, there shall be a presumption,
rebuttable by clear and convincing evidence, that sole custody,
joint legal or physical custody, or any shared parenting plan with
the parent subject to any of the above acts is detrimental to and
not in the best interest of the child and it is in the best interest
of the child to reside with the parent who is not subject to any
such registration requirements.
2. For the purposes of this subsection:
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a. “child abuse” shall have the same meaning as “abuse”
as defined pursuant to the Oklahoma Children’s Code in
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
b. “domestic violence” means the threat of the infliction
of physical injury, any act of physical harm or the
creation of a reasonable fear thereof, or the
intentional infliction of emotional distress by a
parent or a present or former member of the household
of the child, against the child or another member of
the household including coercive control by a parent
involving physical, sexual, psychological, emotional,
economic, or financial abuse,
c. “harassment” means a knowing and willful course or
pattern of conduct by a parent directed at another
parent which seriously alarms or is a nuisance to the
person, and which serves no legitimate purpose
including, but not limited to, harassing or obscene
telephone calls or conduct that would cause a
reasonable person to have a fear of death or bodily
injury, and
d. “stalking” means the willful course of conduct by a
parent who repeatedly follows or harasses another
person as defined in Section 1173 of Title 21 of the
Oklahoma Statutes.
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3. If a parent is absent or relocates as a result of an act of
domestic violence by the other parent, the absence or relocation
shall not be a factor that weighs against the parent in determining
custody or visitation.
4. The court shall consider, as a primary factor, the safety
and well-being of the child who is the victim of child abuse and of
the parent who is the victim of domestic violence, harassment, or
stalking behavior, in addition to other facts regarding the best
interest of the child.
5. The court shall consider the history of the parent causing
physical harm, bodily injury, assault, verbal threats, stalking, or
harassing behavior, or the fear of physical harm, bodily injury, or
assault to another person including the minor child, in determining
issues regarding custody and visitation.
SECTION 2. AMENDATORY 43 O.S. 2021, Section 112, is
amended to read as follows:
Section 112. A. A petition or cross-petition for a divorce,
legal separation, or annulment must state whether or not the parties
have minor children of the marriage. If there are minor children of
the marriage, the court:
1. Shall make provision for guardianship, custody, medical
care, support, and education of the children;
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2. Unless not in the best interests of the children, may
provide for the visitation of the noncustodial parent with any of
the children of the noncustodial parent; and
3. May modify or change any order whenever circumstances render
the change proper either before or after final judgment in the
action; provided, that the amount of the periodic child support
payment shall not be modified retroactively or payment of all or a
portion of the past due amount waived, except by mutual agreement of
the obligor and obligee, or if the obligee has assigned child
support rights to the Department of Human Services or other entity,
by agreement of the Department or other entity. Unless the parties
agree to the contrary, a completed child support computation form
provided for in Section 120 of this title shall be required to be
filed with the child support order.
The social security numbers of both parents and the child shall
be included on the child support order summary form provided for in
Section 120 of this title, which shall be submitted to the Central
Case Registry central case registry as provided for in Section 112A
of this title with all child support or paternity orders.
B. In any action in which there are minor unmarried children in
awarding or modifying the custody of the child or in appointing a
general guardian for the child, the court shall be guided by the
provisions of Section 112.5 of this title and shall consider what
appears to be in the best interests of the child.
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C. 1. When it is in the best interests of a minor unmarried
child, the court shall:
a. assure children of frequent and continuing contact
with both parents after the parents have separated or
dissolved their marriage, and
b. encourage parents to share the rights and
responsibilities of child rearing in order to effect
this policy.
2. There shall be neither a legal preference nor a presumption
for or against, rebuttable by a preponderance of the evidence, that
joint legal custody, joint physical custody, or sole custody and
equally shared parenting time, to the extent feasible, is in the
best interest of the child. If the presumption is rebutted, the
court shall construct a parenting time schedule that is consistent
with the best interest of the child and maximizes the time each
parent has with the child.
3. When in the best interests of the child, custody shall be
awarded in a way which assures ensures the frequent and continuing
contact of the child with both parents. When awarding custody to
either parent, the court:
a. shall consider, among other facts, which parent is
more likely to allow the child or children frequent
and continuing contact with the noncustodial parent,
and
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b. shall not prefer a parent as a custodian of the child
because of the gender of that parent.
4. In any action, there shall be neither a legal preference or
a presumption for or against private or public school or home-
schooling in awarding the custody of a child, or in appointing a
general guardian for the child.
5. Notwithstanding any custody determination made pursuant to
the Oklahoma Children’s Code, when a parent of a child is required
to be separated from a child due to military service, the court
shall not enter a final order modifying an existing custody order
until such time as the parent has completed the term of duty
requiring separation. For purposes of this paragraph:
a. in the case of a parent who is a member of the Army,
Navy, Air Force, Marine Corps, or Coast Guard, the
term “military service” means a combat deployment,
contingency operation, or natural disaster requiring
the use of orders that do not permit any family member
to accompany the member,
b. in the case of a parent who is a member of the
National Guard, the term “military service” military
service means service under a call to active service
authorized by the President of the United States or
the Secretary of Defense for a period of more than
thirty (30) consecutive days under 32 U.S.C., Section
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502(f) for purposes of responding to a national
emergency declared by the President and supported by
federal funds. “Military service” Military service
shall include any period during which a member is
absent from duty on account of sickness, wounds,
leave, or other lawful cause, and
c. the court may enter a temporary custody or visitation
order pursuant to the requirements of the Deployed
Parents Custody and Visitation Act.
6. In making an order for custody, the court shall require
compliance with Section 112.3 of this title.
D. 1. Except for good cause shown, a pattern of failure to
allow court-ordered visitation may be determined to be contrary to
the best interests of the child and as such may be grounds for
modification of the child custody order.
2. For any action brought pursuant to the provisions of this
section which the court determines to be contrary to the best
interests of the child, the prevailing party shall be entitled to
recover court costs, attorney fees, and any other reasonable costs
and expenses incurred with the action.
E. Except as otherwise provided by Section 112.1A of this
title, any child shall be entitled to support by the parents until
the child reaches eighteen (18) years of age. If a child is
regularly enrolled in and attending high school, as set forth in
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Section 11-103.6 of Title 70 of the Oklahoma Statutes, other means
of high school education, or an alternative high school education
program as a full-time student, the child shall be entitled to
support by the parents until the child graduates from high school or
until the age of twenty (20) years, whichever occurs first. Full-
time attendance shall include regularly scheduled breaks from the
school year. No hearing or further order is required to extend
support pursuant to this subsection after the child reaches the age
of eighteen (18) years.
F. In any case in which provision is made for the custody or
support of a minor child or enforcement of such order and before
hearing the matter or signing any orders, the court shall inquire
whether public assistance money or medical support has been provided
by the Department of Human Services, hereafter referred to as the
Department, for the benefit of each child. If public assistance
money, medical support, or child support services under the state
child support plan as provided in Section 237 of Title 56 of the
Oklahoma Statutes have been provided for the benefit of the child,
the Department shall be a necessary party for the adjudication of
the debt due to the State of Oklahoma, as defined in Section 238 of
Title 56 of the Oklahoma Statutes, and for the adjudication of
paternity, child support, and medical insurance coverage for the
minor children in accordance with federal regulations. When an
action is filed, the petitioner shall give the Department notice of
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the action according to Section 2004 of Title 12 of the Oklahoma
Statutes. The Department shall not be required to intervene in the
action to have standing to appear and participate in the action.
When the Department is a necessary party to the action, any orders
concerning paternity, child support, medical support, or the debt
due to the State of Oklahoma shall be approved and signed by the
Department.
G. In any case in which a child support order or custody order
or both is entered, enforced, or modified, the court may make a
determination of the arrearages of child support.
SECTION 3. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 24, 2026 - DO PASS AS AMENDED BY CS