What Does 2019 House Bill 1276 Mean?
Video Transcribed: My name is Keith Flinn and I am the Tulsa father’s rights lawyer and I’m here to discuss the contents of the 2019 House Bill 1276. There has been legislative activity nationwide pushing for reform based on scientific studies showing that joint custody is better for the children than sole custody. Legislation on shared parenting is an attempt at court reform to make joint custody and shared parenting more common at the expense of sole custody. This is so that children can enjoy a close daily relationship with both parents.
In 2019 House Bill 1276, the bill addressed temporary custody orders requiring that the court provide equally shared parenting time at the request of a parent unless it finds in the best interest of the child not to. Specifically Title 43 Oklahoma Statute Section 110.1B would read, “To effectuate this policy if requested by a parent the court shall provide equally shared parenting time to the minor children to both parents at a temporary order hearing unless the court finds that shared parenting time would not be in the best interest of the child. If a deviation from shared parenting time is warranted, the court shall approve a parenting plan which maximizes the time each parent has with the child and is consistent with the best interest of the child.”
The policy is predicated on a preference for joint custody and in effect, this language clearly requires a court to favor joint custody in establishing a temporary order. As often the establishment of a temporary order is natural leverage in a custody battle in court. Give us a call if you’ve got any questions.