Child custody; creating the Oklahoma Time Taken, Time Back Act. Effective date.
Summary
SB 1723 creates the “Oklahoma Time Taken, Time Back Act” and adds a new section to Title 43 of the Oklahoma Statutes governing child custody and visitation. The bill requires a court, unless a party shows good cause otherwise, to award additional visitation or custody access when a parent or other party was denied court-ordered time because of a Department of Human Services investigation, a protective or restraining order, or another investigative agency’s investigation, so long as the investigation or order did not result in a finding of abuse or neglect.
The additional time must match the type and duration of the time that was missed, may include weekends, holidays, or summer periods, and must be scheduled within two years of the denied visitation. The person who lost the time is allowed to choose when the make-up time occurs, subject to those limits. The bill also states that it does not create a cause of action against DHS and does not waive sovereign immunity.
Impact
The bill would amend Oklahoma family law by creating a statutory right to compensatory visitation or custody access in specified circumstances, effectively directing courts to provide make-up parenting time after certain temporary denials of access. It would affect custody and visitation orders involving DHS investigations, protective orders, restraining orders, and other agency investigations where no abuse or neglect finding is made, while preserving DHS’s immunity from suit. The new law would be codified in Title 43 and take effect November 1, 2026.
Sentiment
Based on the bill text and available legislative context, the measure appears to be framed as a child-custody fairness bill intended to restore lost parenting time rather than expand agency liability. No committee transcript or recorded votes were provided, so there is no documented floor or committee debate to indicate broader support or opposition. The overall tone of the proposal is procedural and remedial, with an emphasis on compensating for missed visitation when allegations are not substantiated.
Contention
The main point of potential contention is the balance between protecting children during investigations or protective-order proceedings and preserving a parent’s right to recover lost visitation if no abuse or neglect is found. Courts would retain some discretion through the “good cause” exception, but the bill otherwise makes make-up time mandatory, which could concern advocates who prioritize caution in domestic violence or child safety cases. Another possible issue is the practical administration of scheduling make-up time within two years and the provision allowing the denied party to choose the timing, which may create conflict with the other parent’s schedule or the child’s best interests.
Child custody; requiring notice to custodial parent by noncustodial parent; providing that the parent is not required to disclose certain information; exception. Effective date.