Senate Bill 1947 Summary

• Amends 43 O.S. 2001, Section 112.5 to clarify that custody or guardianship of a child may be awarded to various parties including parents, grandparents, relatives (including siblings, aunts, uncles, cousins), foster parents, or any other person deemed suitable by the court.

• Establishes that courts must award custody to a parent unless a nonparent proves by clear and convincing evidence that the parent has willfully failed to support the child for 12 of the last 14 months, or has abandoned the child for one year or more without maintaining regular contact.

• Creates a rebuttable presumption that a parent is unfit if they have been convicted of certain crimes, are registered sex offenders, have domestic abuse convictions within 5 years, or are residing with someone meeting these criteria.

• Provides that custody determinations cannot be modified unless there has been a permanent, material, and substantial change in circumstances directly affecting the child's best interests, or if the custody order was designated as temporary.

• Becomes effective November 1, 2010.