A very common occurrence these days is for working parents to place their children in childcare during custody time in Oklahoma because they have to be at work during normally scheduled custody.
For example, a father works on Saturdays because he is a cars salesman, and Saturdays are when he earns most of his commission for the month. However, the mother remains at home and is unhappy that the children are at their father’s house being watched by a babysitter instead of with her.
Many parents in the mother’s situation may want to move for a change in custody so that they can be with their children on Saturdays instead of the children being in childcare during custody time with their father.
Is Childcare During Custody Time Not in the Child’s Best Interest?
In order for the mother in the above example to change custody and take away custody time from the father, she must prove it is in the best interest of the children to remove that custody time from the father, and that the children are better off with her instead of childcare during custody time.
Most family law attorneys will warn you that this is a difficult hurdle if the father is generally a good parent, working in order to provide for the family, and spends time with the children when he returns home. It is possible that the father returns home during the day for lunch or leaves work early sometimes to spend extra time with his children.
Children are better able to bond with their parent if they are at their home, and have a sense of belonging at that home even if the parent is not home all the time. It is important to remember that decisions should be based on the child’s welfare and whether they are negatively impacted by being in childcare during custody time.
When it is Not in Child’s Best Interest to Be in Childcare During Custody Time
There are some instances when a parent will leave their child with a childcare facility, babysitter or family member for the wrong reasons.
If the other parent is unemployed and leaving the child in childcare during custody time in order to go out drinking every night with friends, go play video games all day, or any other activity that is consistent and results in spending little to no time with their child, this could be grounds for a change in custody.
It is best to discuss these concerns with a family law attorney and document everything you hear or are told about the custody time with the other parent.
Modifying Child Custody
If you decide that you want to proceed in modifying child custody due to your child being in childcare during custody time with the other parent, the first step is to contact a family law attorney.
Your family law attorney will explain that in order to change custody, there needs to be a significant change in circumstances that are permanent, material and substantial. Some examples include:
- Relocation
- Loss of Job
- Neglect or abuse
- Child preference to live with a certain parent
It is up to the family court to decide if your circumstance meets to above criteria. In addition, your family law attorney must prove that the child would be better off with the change in custody than if the custody was left as it is currently. Okla. Stat. tit. 43 § 112
Essentially the child must benefit from the change.
Free Consultation with a Tulsa Child Custody Attorney
Knowing your child is in day care during custody time of the other parent can be frustrating when you know you are available to be there for your children. Speaking with a family law attorney can help to figure out your options and how you can move forward in this situation.
Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma custody process.
For a free confidential consultation, call now: 918-924-5526.
