Oklahoma § 43-150.8 - Court-ordered visitation - Appearance at hearing Rebuttable presumptions

§ 43-150.8. Court-ordered visitation - Appearance at hearing Rebuttable presumptions

A. If the deploying parent moves to designate a family member

or another person with a close and substantial relationship with the

child to exercise visitation rights, the court shall grant

reasonable visitation to a member of the family of the child,

including a stepparent or step sibling, with whom the child has a

close and substantial relationship as defined in the Deployed

Parents Custody and Visitation Act.

B. Any visitation ordered by the court pursuant to this section

shall be temporary in nature and shall not exceed or be less than

the amount of custodial time granted to the deploying parent under

any existing permanent order or agreement between the parents, with

the exception that the court may take into account unusual travel

time required to transport the child between the nondeploying parent

and the family members allowed visitation.

C. The person designated by the deploying parent to exercise

visitation shall appear at the temporary order hearing.

D. Rebuttable presumptions for proceedings under the Deployed

Parents Custody and Visitation Act:

1. In postdissolution proceedings, there shall be a rebuttable

presumption that it is in the best interests of the child for a

stepparent to exercise the deployed parent’s parental duties;

2. There shall be a rebuttable presumption that if the person

designated by the deployed or deploying party meets the requirements

of subsection A of this section, then it shall be in the best

interest of the child that the person receive visitation; and

3. There shall be a rebuttable presumption that visitation by a

family member who has perpetrated domestic violence against a

spouse, a child, a domestic living partner, or is otherwise subject

to registration requirements of the Sex Offenders Registration Act

is not in the best interest of the child.

E. Any temporary order issued under the Deployed Parents

Custody and Visitation Act shall be enforced as any other orders

relating to the care, custody and control of the child.

Added by Laws 2011, c. 354, § 11, emerg. eff. May 26, 2011.