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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 495 By: Bullard
AS INTRODUCED
An Act relating to child custody; amending 43 O.S.
2021, Section 112, which relates to care and custody
of children; requiring court to consider certain
factors; requiring hearing upon certain allegation;
requiring court to make determination and enter
findings; setting deadline for evidentiary hearing
upon certain pleading; authorizing certain emergency
orders; prohibiting denial or restriction of custody
or visitation for certain reasonable and good-faith
actions; requiring award of sole custody and
suspension of visitation upon certain findings;
prohibiting refusal to consider certain evidence;
authorizing court to order payment of certain costs
and fees; updating statutory language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 shall state whether or not the
parties have minor children of the marriage. If there are minor
children of the marriage, the court:
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1. Shall make provision for guardianship, custody, medical
care, support and education of the children;
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 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
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provisions of Section 112.5 of this title and shall consider what
appears to be in the best interests of the child.
C. In awarding or modifying custody or visitation of a child,
if a party to the action alleges that the other party has committed
an act of child abuse against the child, or committed an act of
domestic violence against the party making the allegation or a
family or household member of either party, the court shall, before
considering any other best interest factors, hear and determine upon
competent admissible evidence the allegations set forth and enter
findings regarding any child abuse or domestic violence. The
evidentiary hearing for such determination shall be held within
sixty (60) days of the filing of a verified pleading; provided,
however, the court may issue any necessary emergency orders to
protect the child. If a parent makes a good-faith allegation based
on a reasonable belief supported by facts that the child is the
victim of child abuse or the effects of domestic violence, and if
that parent acts lawfully and in good faith in response to that
reasonable belief to protect the child or seek treatment for the
child, then that parent shall not be deprived of custody,
visitation, or contact with the child, or restricted in custody,
visitation, or contact, based solely on that belief or the
reasonable actions taken based on that belief. If the court finds a
pattern of child abuse or domestic violence by a parent, the court
shall award sole custody of the child to the non-offending parent or
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party and shall suspend visitation or award only supervised
visitation to the parent engaged in a pattern of abusive or violent
behavior. If the court finds that a party has not engaged in a
pattern of child abuse or domestic violence, the court may not
refuse to consider additional evidence of child abuse or domestic
violence presented later in the case. Upon a finding that a parent
has committed child abuse or domestic violence, the court may order
payment by the offending parent of court costs and fees including,
but not limited to, attorney and expert fees that are incurred by
the non-offending parent to prepare for and participate in the
evidentiary hearing.
D. 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 joint legal custody, joint physical custody, or sole
custody.
3. When in the best interests of the child, custody shall be
awarded in a way which assures the frequent and continuing contact
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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
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
nor 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,
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b. in the case of a parent who is a member of the
National Guard, the term “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. 502(f) for purposes
of responding to a national emergency declared by the
President and supported by federal funds. “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. E. 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
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recover court costs, attorney fees and any other reasonable costs
and expenses incurred with the action.
E. F. 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
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. G. 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,
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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
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. H. 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 2. This act shall become effective November 1, 2025.
60-1-299 TEK 1/19/2025 5:37:30 AM