A custody modification in Oklahoma based on the other parent’s new partner or spouse’s behavior is analyzed by family law judges on a case-by-case basis. The specific details of the case will decide the outcome. When it comes to custody modification, there are rarely “yes” or “no” answers, most family law attorneys and judges will give you the answer “it depends.”
However, there are guidelines judges use to help determine what the best custody arrangement is for the child, and the best visitation schedule. The first factor considered in a child custody case when asking for a modification for any reason is: Has there been a significant change in circumstances? The second question family court judges will ask is: What is in the best interest of the child?
While each parent believes they know what their child’s best interest is, the elements a family law judge uses are standard across all custody cases, and reflect the morals and policies of the state of Oklahoma.
Custody Modification Due to Substantial Change in Circumstances
As children grow and change, so do custody orders. What was once an agreeable arrangement when your child was 5 may not be as workable when your child is 10 or 15. Schools change, needs change, and parent’s lifestyles and behaviors change. This is the primary reason the family court retains jurisdiction over a child until they are 18. This allows the custody arrangement to continuously be examined and changed if the need arises.
In order for the request for a custody modification to be filed, a substantial change in the child’s or parent’s circumstances must have taken place. This phrase may seem foreign, but it is a legal way of saying that something significant has changed in your life or your child’s life which makes the current custody arrangement ineffective. In order to find a change of circumstances has occurred, the change must be significant and permanent, the change cannot be temporary.
Here are some concrete examples of significant changes in circumstances:
- If the other parent repeatedly fails to pick up your children for scheduled visitation days.
- If your child is diagnosed with a learning disability and the new treatments conflict with parent’s schedules and custody order.
- If the other parent leaves a young child at home by themselves. (May qualify for criminal charges as well.)
- If the other parent starts abusing drugs or alcohol.
- If the other parent becomes disabled or incarcerated.
- If your child moves to a school significantly farther away than their previous school.
- If you or the other parent relocate.
- If your child becomes disabled.
- If your child expresses an opinion of who they want to live with and are at least 12 years old.
These are just a few of the examples that qualify for a change in circumstances. However, just because one of the above may apply to your case, the judge still takes additional factors into consideration that may find a change in circumstances, but may think it in the best interest of the child to keep the current orders in place.
The Best Interest of the Child Standard
The best interest of the child standard has always been used when determining child custody. Okla. Stat. tit. 43 § 112
Oklahoma family law reflects the importance of “frequent and continuing” contact with both parents. In fact, Oklahoma courts prefer to award joint custody to ensure continuous contact with both parents. However, if sole custody is ordered, custody will go to the parent the court believes will most likely encourage a relationship with the other parent.
When custody modification is sought, judges take the motion very seriously as stability is best for children — especially after a divorce. In addition to a substantial change in circumstances, the parent wishing to modify the custody order must show it is in the child’s best interest and that the child will be better off with the change in custody arrangements. Examples include a child having access to better schools, better residential neighborhood, access to important extracurricular or academic interests, or better financial support when one parent loses a job.
When a Modification is Necessary
There are times when you don’t get along with your child’s other parent or don’t necessarily agree with their lifestyle. However, if your child is happy, healthy, sheltered and emotionally supported, a modification typically won’t be ordered. However, there are times when a modification is necessary for the well-being of your child. If you suspect the other parent is bringing people into the house that are physically, emotionally or psychologically harming your child, you need to speak to a child custody attorney immediately.
There are varying degrees of “bad influences.” But if you notice that your child is becoming more withdrawn, has rapid mood changes, or verbalizes ideas and topics that are not age appropriate, you may need to begin the process of custody modification. Trained professionals will help you and your child figure out if harm is being done and how best to handle the situation.
Your child custody attorney is your best resource during this process. It is important to trust your gut in these situations, consulting with a child custody attorney can help ease any worries or help you get started on a custody modification.
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 — The new circumstances cannot have been present during the last custody hearing. You and your child custody attorney must show that your child will be better off, and that it’s in your child’s best interest to modify the current custody order.
Custody modification is important when, as a result of the modification, your child has better access to good schools, better neighborhoods and financial stability. Modification also is 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.
