Child custody orders are never truly final until the child turns eighteen. There is always the possibility that a court will allow for a modification to a child custody. In Oklahoma, a modification may even occur over the protest of one of the child’s parents. However, it is not generally an easy case to make. As such, if you find yourself seeking a child custody modification, you should always have an experienced child custody lawyer by your side.
Getting a child custody modification approved by an Oklahoma court requires the careful crafting and filing of a successful modification motion. In this document, you must present a compelling argument as to why the court should approve your proposed alterations. Oklahoma courts will only modify child custody agreements if there have been changes that are:
Child custody modification orders carry serious weight, and you will likely not be able to get one address minor issues. The nature of the changes that qualify for a child custody modification can vary considerably. For example, it could be that the child’s other parent was violating the original child custody order. Oklahoma courts have found that violations of court orders are good cause for further modifications. It could also be something as simple as one parent moving to another location for a new job. An experienced child custody attorney should always review the specific circumstances of your case to determine if you qualify for a child custody modification. Ultimately, Oklahoma courts will always be focused on the best interests of the child.
Oklahoma uses a ‘best interests of the child’ standard when assessing child custody issues, including any potential modifications. This is important because courts will generally assume that your current child custody agreement is already in the child’s best interests. After all, that standard also applied when the original child custody agreement was established. So, beyond proving that a substantial and material change occurred, the parent petitioning the court for a child custody modification must also prove that their proposed modification would be in the best interests of the child.
If you or a loved one is considering a modification to an Oklahoma child custody agreement, Blake Hayes can help. Mr. Hayes is an experienced Tulsa family law attorney who will ensure that your case gets personalized attention. Please do not hesitate to contact the Hayes Law Firm today at (918) 392-4641 to set up a fully confidential legal consultation.