We often get questions about the process to modify child custody. Life changes after a divorce or custody order – a parent may get a new job, move to another city, or notice that the child’s needs have changed. In Oklahoma, custody orders are not permanent if circumstances change. Either parent can ask the court to modify custody, but the process requires careful legal steps.
When Can Custody Be Modified?
Oklahoma courts will only change custody if there has been a material, permanent, and substantial change in circumstances that affects the child’s best interests. Examples include:
- A parent’s relocation that makes current custody arrangements impractical.
- Evidence of substance abuse, neglect, or unsafe conditions.
- A child’s needs changing due to age, health, or school performance.
- A parent’s improved stability or ability to care for the child.
The court’s focus remains on one standard: the best interests of the child.
Step 1: Filing a Motion to Modify Custody
The process begins when one parent files a motion (or petition) to modify custody with the court that issued the original custody order. This filing must explain:
- The changes in circumstances.
- Why those changes affect the child’s welfare.
- What new custody arrangement is being requested.
Step 2: Serving the Other Parent
After the motion is filed, the other parent must be formally served with legal notice. This ensures both parents have the opportunity to present evidence and arguments.
Step 3: Court Hearings and Evidence
At the hearing, the parent seeking modification must show:
- That a significant change in circumstances has occurred.
- That the requested modification is in the child’s best interests.
Evidence may include witness testimony, school records, medical reports, or proof of unsafe living conditions. Both parents can present their side, and the judge will evaluate all evidence.
Step 4: The Court’s Decision
The judge will decide whether to:
- Keep the current custody arrangement in place.
- Modify custody to give one parent more time or legal authority.
- Adjust visitation schedules, child support, or other related orders.
Once the court issues a new custody order, both parents must follow it unless another modification is later granted.
Tips for Parents Seeking Custody Modification
If you’re hoping to modify custody, there are a few things you should do:
- Document everything: Keep records of problems, missed visitations, or changes in your child’s needs.
- Focus on the child’s best interests: Courts prioritize the child’s stability and welfare, not the parents’ preferences.
- Avoid hostility: Cooperative behavior often carries weight with judges.
- Get legal guidance: An attorney can help prepare your case and present it effectively in court.
Tulsa Child Custody Attorneys
Custody orders in Oklahoma are modifiable, but only when there are real and lasting changes that affect the child’s well-being. If you believe a custody change is necessary, you will need to file a motion, provide evidence, and convince the court that your request is in the best interests of your child. If you need help with the process to modify child custody, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or reach us online.