New Custody Law in Oklahoma Targets Child Abusers: Key Points of SB 901
So how does this new law work exactly? When the court determines that a person has perpetrated child abuse, it creates a rebuttable presumption against that person getting custody. This means that the burden shifts to the other party to provide additional evidence showing that it is in the best interest of the child for the accused party to have custody. While this makes it more difficult for the accused party to obtain custody, it does not completely rule it out.
It’s important to note that the court already had the authority to make custody decisions based on the best interest standard, giving them wide discretion in determining custody arrangements. However, the addition of child abuse to the list of triggering factors ensures that cases involving child abuse are given special consideration in custody disputes.
Expanding Definition of Child Abuse
When we hear the term child abuse, we often think of physical harm inflicted on a child. However, the definition of child abuse in the Oklahoma Children’s Code is much broader. It includes not only actual harm but also threatened harm, emotional harm, neglect, and more. This expanded definition raises concerns about how allegations of child abuse could be used strategically in custody battles.
Given the broad definition of child abuse in the Children’s Code, it’s crucial for individuals involved in custody disputes to understand the potential implications of this new law. If you find yourself in a situation where child abuse allegations are being brought against you, it’s essential to seek legal advice to ensure your rights are protected and to present a strong defense in court.
Schedule Your Strategy Session Today
If you are facing a custody battle involving allegations of child abuse, it’s vital to seek legal guidance to navigate the complexities of the law and protect your rights. Tulsa attorney James Wirth is here to help you understand your options and advocate for your best interests. Contact a Tulsa child custody lawyer at 918-879-1681 or visit MakeLawEasy.com to schedule a low-cost initial strategy session.
