Yes, in Oklahoma, you can typically modify child custody arrangements under certain circumstances. You might need child custody modifications when there is a significant change in circumstances that affects the child’s best interests. Examples of situations that may warrant a modification include:
- Relocation: If one parent is planning to move a significant distance, it may impact the existing custody arrangement.
- Changes in the Child’s Needs: If the child’s needs change, such as educational or medical requirements, it might be a reason to modify custody.
- Changes in the Parents’ Circumstances: The court might consider significant changes in a parent’s life, such as a remarriage, job loss, or a change in living situation.
- Violations of the Existing Order: If one parent is consistently violating the terms of the existing custody order, it could be a basis for modification.
Must Show a Change Since The Last Order
The first test that needs to be met to modify child custody is a change of condition. The change of condition must exist since the entering of the last order. It should also have been a change not anticipated since the entering of the last order. The test for a change of condition is set out in Johnson V. Wingert. In this case the court sustained the Fathers motion to modify a current joint custody plan. The court sustained his motion siting a material change in circumstances. Essentially, the court agreed with the petitioner that the inability of the parents to co-parent and significant conflict between them made continued joint custody not in the best interest of the children.
Best Interest And Motions To Modify
In Oklahoma, as in many other states, the guiding principle in child custody determinations is the “best interests of the child.” This concept also guides motion to modify. The concept of the best interests of the child uses a legal standard by courts to make decisions regarding custody and visitation arrangements. It’s meant to ensure that the decisions brought down by the court focus on promoting the well-being and welfare of the child. Its important to understand that a best interests analysis is not a single element decision. Rather the courts consider many different circumstances together to make the determination. Just like the original custody decision any child custody modification are based on the Courts finding of best interest.
Custody Modification Attorney in Tulsa
Filing to modify child custody is technical and requires that you avoid making certain mistakes in your case. The motions and arguments are based on both Oklahoma statutes and judicial discretion. Its important to apply facts and law in a way that show how the modification is in the best interest of your child. Get a legal team in your corner that dedicates themselves to making your case to the judge and getting results for you. Get a Free consultation by calling 539-302-0303 or click here to ask a family law question.