Once a custody order has been finalized by a family court judge, the court in Oklahoma retains jurisdiction over custody until the child involved turns the age of majority, which is e18 in Oklahoma. It is likely that the child and both parents will change over the course of the child’s life, sometimes requiring a change in custody. In Oklahoma, custody modification follows a set of requirements and laws. Hiring a skilled child custody attorney is essential when pursuing child custody modification.
A common issue between parents is the other’s chosen lifestyle. Chances are the parents were once partners or married, now that they are no longer together, the possibility of friction increases. If two parents have significantly different parenting styles, lifestyles or habits, this can cause the other parent to grow concern. Sometimes this concern reaches heights to the point of filing a child custody modification.
Every case is analyzed on a case-by-case basis, so sweeping doctrines do not necessary apply. For example, there is not a statute in family law codes that says when it is acceptable for a parent to dye their child’s hair. However, parent’s bring petitions for custody modifications for this type of action, it is up to the judge to weigh all the factors and the welfare of the child’s current living environment before making an order. We discuss those factors and an example of a case where a parent disagrees on the lifestyle of the other parent.
Types of Child Custody Modification
How a court will determine which test to use for the required child custody modification depends on the last custody order. If the parents currently share joint custody of their child, the court must use the “best interests of the child” test, just as it was applied in the original custody hearing.
However, if custody is being requested by the moving party for custody to switch from one parent to the other, then a permanent and material change would have to be shown as well as that the child would be substantially better off with a custody modification.
Substantial Change in Circumstances
This is one of the factors the judge considers when evaluating a custody modification. Simply put, the judge must find that a change in the parent’s or the child’s situation has changed, which makes the current custody order no longer effective.
Examples include loss of one parent’s job, the child being diagnosed with a medical condition or with special needs, or a parent needs to relocate. These are very general examples, but illustrate a change must occur where it negatively affects the current custody order.
Custody Modification in Action: Johnson v. Wingert
In this case, a father brought an action for custody modification based on several concerns and changes in his home environment:
- Mother failed to make sure the child attended school regularly.
- Mother was consistently late dropping off their child to school.
- Mother did not enforce discipline which resulted in disrespectful behavior.
- Mother was reported to be sleeping during the day without supervising the child.
- Mother did not safely or legally transport her child correctly.
- Mother did not allow for reasonable communication.
- Father has a pattern of responsibility.
- Father has purchased a home.
- Father has an excellent work record.
- Father is married and in a stable relationship.
- Father has had substantial increases in salary.
These are the facts the court looked to when deciding to award sole custody to the father. However, the child’s mother appealed, stating the court failed to apply the facts to the test correctly and that there was no change in circumstance.
The Court of Appeals-Division III, found that the father failed to produce evidence showing the mother’s “unfitness.” The number of times the child was absent from school was due to ear infections and illness, the tardiness was sufficiently explained with witnesses at the trial, as well as other explanations that the appeals court said did not indicate that the mother was unfit and that a custody modification was unnecessary.
Further, the court explained, “The mere fact that conditions have changed since the divorce of the parents is insufficient in itself to warrant a modification of custody.” This concept has been cited in numerous other cases. Just because one parent becomes successful and their conditions have changed is not enough to show a change of circumstance.
This case illustrates a great picture of what happens when one parent disapproves of the other parent’s lifestyle, but it is not actually negatively affecting the child and their welfare. The judge in this case did not find that the child would be better off with a change in custody as well due to the child’s caregivers and teachers testifying to the child’s positive developmental and academic growth, as well as having no reported discipline issues.
Free Consultation with a Tulsa Child Support Attorney
In order to obtain a custody modification, you must be able to show a substantial change in circumstances, and the new circumstances and that your child would actually be better off with this custody modification. Sometimes lifestyle disagreements are not enough to trigger a change in circumstances requiring a custody modification. Your child’s temporal, moral, and mental welfare must be shown to be better off if the custody modification is approved.
Not approving of the other parent’s lifestyle does not always mean it is negatively affecting the child.
Custody modification is better used when, as a result of the modification, your child has better access to good schools, better neighborhoods and financial stability. Modification is also necessary when you suspect your child might be in a harmful situation in the other parent’s custody.
Hiring a knowledgeable and compassionate child custody attorney will ensure the process is expertly conducted and your interests are well represented during the custody modification process.
Contact an experienced Tulsa family law attorney when you need to go through the Oklahoma relocation process.
For a free confidential consultation, call now: 918-924-5526.
