A Critical Moment for Family Law Reform
Oklahoma is on the verge of a historic shift in family law. Senate Bill 1708, known as the Equal Shared Parenting Bill, has passed the Senate Judiciary Committee with a strong 7-1 vote and is now ready to be heard by the full Oklahoma State Senate[1]. This legislation represents years of advocacy and could fundamentally change how custody decisions are made in Oklahoma family courts.
If you care about children having meaningful relationships with both parents after separation or divorce, now is the time to act.
Senate Bill 1708 creates a rebuttable presumption that joint legal custody, joint physical custody, and equally shared parenting time are in the best interest of the child in divorce and custody cases[2][3].
This means that Oklahoma courts would begin with the assumption that children benefit from having both parents equally involved in their lives, rather than defaulting to one primary custodial parent with the other relegated to limited visitation.
The bill establishes that:
- Courts shall presume that joint custody and equal parenting time serve the child’s best interests
- This presumption applies to both legal custody (decision-making authority) and physical custody (where the child lives)
- The presumption can be rebutted with evidence showing equal time is not appropriate
- Safety exceptions remain in place for cases involving domestic violence, abuse, or neglect
- If a parent is subject to certain criminal registrations (such as sex offender registries), there is a presumption of sole custody to the other parent
Importantly, SB 1708 maintains strong protections for children. Under updated provisions in Title 43, Section 112.5, if there is evidence of domestic violence, stalking, harassment, substance abuse, or criminal history that affects fitness, the presumption of equal shared parenting does not apply[2]. The courts retain full authority to consider each parent’s fitness, capability, willingness, and safety.
Understanding “Rebuttable Presumption”
The term rebuttable presumption is critical to understanding how this law would work in practice.
A rebuttable presumption means the court starts with a baseline assumption—in this case, that 50/50 custody is best for the child. However, this is not a rigid mandate. Either parent can present evidence to “rebut” or overcome this presumption by showing why equal parenting time would not serve the child’s best interests in their specific situation.
Think of it as shifting the starting point of custody negotiations. Instead of one parent having to fight uphill to prove they deserve equal time, both parents begin on equal footing. The burden then falls on whoever wants to deviate from equal custody to explain why.
This approach:
- Encourages cooperation rather than conflict
- Reduces the weaponization of children in custody battles
- Acknowledges research showing children benefit from substantial time with both parents
- Still allows judges discretion to tailor arrangements to individual family circumstances
- Protects children in cases where equal custody would be unsafe or inappropriate
For thousands of Oklahoma families navigating family court each year, SB 1708 represents a paradigm shift.
Under current Oklahoma law, custody arrangements often result in one parent receiving primary custody while the other receives limited visitation—perhaps alternating weekends and a midweek evening. This arrangement frequently leaves one parent feeling marginalized and children missing substantial time with a loving, capable parent.
The current system can incentivize conflict, as parents battle over who will be designated the “primary” custodial parent, with the associated decision-making authority and child support implications. Children become pawns in adult conflicts rather than the focus of genuinely child-centered decision-making.
Decades of social science research demonstrate that children generally fare best when they maintain strong, ongoing relationships with both parents after separation[4]. Unless there are legitimate safety concerns, children benefit from the involvement of both mothers and fathers in their daily lives.
Equal shared parenting promotes:
- Better emotional and psychological outcomes for children
- Reduced parental conflict over time
- Greater satisfaction among both parents with custody arrangements
- More consistent financial support from both parents
- Reduced burden on the court system as parents learn to cooperate
The Oklahoma Institute for Child Advocacy’s Support
The Oklahoma Institute for Child Advocacy (OICA) has championed this legislation for three consecutive legislative sessions[5][6]. OICA, the state’s leading child advocacy organization, works to promote policies supporting the health, safety, and well-being of Oklahoma’s children.
OICA’s position is clear: “Data clearly show that the loss of time with a parent impairs the well-being of children. Too often children are used as pawns during a divorce to punish a parent by continually forcing them into court for custody cases”[3].
When the state’s premier child welfare organization endorses equal shared parenting, it sends a powerful message that this reform truly serves children’s best interests.
Important Clarification: This Is for Fit, Capable, Willing, and Safe Parents
As advocates for equal shared parenting, we must be crystal clear: SB 1708 promotes equal custody for fit, capable, willing, and safe parents.
This legislation is not about forcing children into dangerous situations. It is not about ignoring abuse, neglect, substance abuse, domestic violence, or parental unfitness.
The rebuttable presumption only applies when both parents are capable of providing safe, nurturing care. The bill explicitly maintains exceptions for:
- Domestic violence, stalking, or harassment
- Child abuse or neglect
- Substance abuse issues
- Criminal history affecting parental fitness
- Mental health concerns affecting ability to parent
- Parents subject to certain criminal registrations
Oklahoma judges retain full discretion to deviate from equal shared parenting when evidence demonstrates it would not serve the child’s best interests. The presumption simply changes the default starting point for parents who are fit, capable, willing, and safe.
We advocate for equal shared parenting because we believe children deserve meaningful relationships with both parents when both are capable of providing good care. We are not advocating for unsafe arrangements or dismissing legitimate concerns about parental fitness.
The Bill’s Sponsors and Support
SB 1708 is authored by Senator Darcy Jech (R-Kingfisher, District 26), with Representative Mark Tedford (R-Jenks) serving as the principal House author[7].
The bill has garnered substantial bipartisan support with multiple Senate co-authors:
- Senator Avery Frix (R-District 9)
- Senator Bryan Logan (R-District 8)
- Senator Casey Murdock (R-District 27)
- Senator Dana Prieto (R-District 34)
- Senator Jack Stewart (R-District 18)
- Senator Jonathan Wingard (R-District 13)
- Senator Julie McIntosh (R-District 3)
- Senator Lisa Standridge (R-District 15)
- Senator Randy Grellner (R-District 21)
- Senator Shane Jett (R-District 17)
- Senator Tom Woods (R-District 4)
This broad coalition demonstrates that equal shared parenting transcends partisan politics—it’s about doing right by Oklahoma’s children.
Current Status and What Happens Next
| Legislative Action | Date |
| First Reading | February 2, 2026 |
| Referred to Judiciary Committee | February 3, 2026 |
| Passed Judiciary Committee (7-1) | February 24, 2026 |
| Placed on General Order | February 26, 2026 |
| Status | Ready for Senate Floor Vote |
Table 1: SB 1708 Legislative Timeline
The bill has cleared the Senate Judiciary Committee and been placed on General Order, meaning it is ready to be considered by the full Oklahoma State Senate. Once it passes the Senate, it will move to the Oklahoma House of Representatives for consideration.
This is the critical window for advocacy. Senators need to hear from constituents now, before the floor vote.
Oklahoma senators need to hear from you. Personal constituent contact influences legislative decisions more than any other factor outside the Capitol building.
Three Ways to Contact Your Senator
- Email: Most senators can be contacted via email through the Oklahoma Senate website contact form
- Phone: Call your senator’s Capitol office directly
- Contact Form: Fill out the online contact form on the Oklahoma Senate website
I’ve created a comprehensive spreadsheet listing every Oklahoma State Senator with their:
- Name
- District number
- Party affiliation
- Capitol office phone number
- Contact information or website
- View it Here!
Here’s a template you can customize and use when contacting your senator. Personal stories and details are most effective, so please adapt this to your situation.
Subject: Please Support SB 1708 – Equal Shared Parenting
Dear Senator [NAME],
I am writing as your constituent to respectfully ask for your support of Senate Bill 1708, the Equal Shared Parenting Bill.
As someone who [describe your connection: has navigated family court / cares about children’s welfare / believes in equal parenting], I believe this legislation represents crucial reform for Oklahoma families.
SB 1708 creates a rebuttable presumption that joint custody and equal parenting time serve children’s best interests. This does not eliminate judicial discretion or endanger children—it simply changes the starting point to recognize that children generally thrive when both fit, capable, willing, and safe parents remain actively involved in their lives.
[If applicable: Share your personal story briefly—2-3 sentences about your experience in family court or why this matters to you personally]
Research consistently shows that children benefit from meaningful time with both parents after separation. The Oklahoma Institute for Child Advocacy has supported this legislation for three sessions because data clearly demonstrate that loss of parental time harms children’s well-being.
I want to emphasize: I support equal shared parenting for fit, capable, willing, and safe parents. SB 1708 appropriately maintains exceptions for domestic violence, abuse, neglect, and parental unfitness. This bill protects children while promoting healthy co-parenting arrangements.
Oklahoma has an opportunity to lead on family law reform. I respectfully urge you to vote YES on SB 1708.
Thank you for your service to our state and for considering this important issue.
Sincerely,
[Your Full Name]
[Your City, Oklahoma]
[Your Phone Number – optional but helpful]
SB 1708 has momentum, but it needs your voice to cross the finish line. Here’s your action plan:
- Download the attached spreadsheet with all Oklahoma State Senator contact information
- Identify your senator using the district information
- Contact your senator using the sample letter (customized with your story)
- Contact other senators, especially those from your region or who have not yet co-authored the bill
- Share this information with other parents, family members, and advocates who care about this issue
- Follow up in a week if you don’t receive a response
Talking Points for Conversations
If you speak with legislative staff or your senator directly, emphasize:
- Children benefit from relationships with both parents when both are fit and capable
- The rebuttable presumption maintains judicial discretion and safety protections
- This reform reduces conflict and litigation by establishing a fair starting point
- The Oklahoma Institute for Child Advocacy endorses this bill
- Equal shared parenting is supported by decades of research
- This is about children’s welfare, not parents’ rights
- The bill explicitly protects children from unsafe situations
Many legislators hear primarily from lobbyists and special interest groups. Personal constituent contact cuts through the noise. A heartfelt email or phone call from someone in their district who has lived through family court—or who simply cares about fairness for Oklahoma families—makes a real impact.
Oklahoma is poised to join a growing number of states recognizing that children deserve both parents in their lives. With a 7-1 committee vote, SB 1708 has strong support, but it needs to be heard by the full Senate.
Don’t let this opportunity pass. Oklahoma’s children are counting on us to advocate for their best interests.
The Oklahoma Senate is in session, with the legislative deadline approaching. Follow the progress of SB 1708 at:
- Oklahoma Senate website: www.oksenate.gov
- Bill tracking: Search for “SB 1708” on the Oklahoma Legislature website
- Oklahoma Institute for Child Advocacy: www.oica.org
The time to act is now. Download the senator contact spreadsheet, customize the sample letter, and make your voice heard for Oklahoma’s children.
Together, we can make equal shared parenting a reality in Oklahoma.
[1] TrackBill. (2026). Oklahoma Senate Bill 1708: Child custody; creating a rebuttable presumption of joint child custody. https://trackbill.com/bill/oklahoma-senate-bill-1708
[2] Claremore Attorneys. (2026, February 12). Is Oklahoma moving toward mandatory 50/50 custody? https://www.claremoreattorneys.net/rogers-county-child-custody/is-oklahoma-moving-toward-mandatory-50-50-custody-in-rogers-count
[3] Oklahoma Institute for Child Advocacy. (2026, March 1). OICA continues advocacy efforts as lawmakers enter second month of session. https://www.oica.org/oica-continues
[4] LegiScan. (2026). OK SB1708 – 2026 Regular Session. https://legiscan.com/OK/bill/SB1708/2026
[5] Oklahoma Institute for Child Advocacy. (2025, December 25). A very busy 2025 for children. https://www.oica.org/a-very-busy-2025-for-children
[6] National Today. (2026, March 3). Oklahoma lawmakers tackle child advocacy bills in second month of session. https://nationaltoday.com/us/ok/stillwater/news/2026/03/04/oklahoma-lawmakers-tackle-child-advocacy-bills-in-second-month-of-ses [7] Facebook. (2026, February 25). Representative Mark Tedford: Big win this week as SB1708 the shared parenting bill by Senator Jech was passed. https://www.facebook.com/tedfordforoklahoma/posts/big-win-this-week-as-sb1708-the-shared-parenting-bill-by-senator-jech-was-pass
