Many times, parents attempt to change the current child custody schedule because they believe a certain event or situation has changed enough to allow a child custody modification in Oklahoma. However, case law is very strong as to what constitutes a significant change in circumstances — the necessary element that the parent requesting the custody change must prove.
The following defenses to a child custody modification have been regularly held as such in the Oklahoma family courts. Having an experienced and well-versed child custody and divorce attorney plead your case in front of the judge will assure the judge understands why a child custody modification is not warranted.
These are the most common reasons child custody modifications are sought, and the defenses to them.
No Significant Change
One of the most common reasons parents try to change the custody arrangements is after drug or alcohol recovery. Often, one parent has an addiction issue and the other parent does not want to be exposed to it, and doesn’t want their child exposed to it either. This situation necessitates a divorce and custody arrangement where one parent has primary custody.
Suddenly, the addict-parent files for a change in custody because they are “clean” now. This means they have either attended an inpatient detox program, outpatient addiction program, or attended Alcoholics Anonymous or Narcotics Anonymous meetings, and can pass a toxicology screening.
Although this is a big deal in the eyes of the previously addicted parent, judges have found this to be of little relation to the child and bears no weight on the best interest of the child. It is easy to think that conquering an addiction makes you a better parent, however the court will say the parent shouldn’t have been an addict in the first place, and becoming sober is the way they should be naturally.
Although this can be a hard truth for some parents, this is a good defense to use if you are at all concerned about potential relapse of the other parent, having your child in a potentially unsafe environment, or having your child around other addicts.
Prior to Current Custody Order
Once a custody order is in place, and both parties’ attorneys have had a chance to argue their individual reasons why custody should be a certain way, these reasons cannot be relitigated. For example, in 2009, a parent argues before a judge that the current child care is not satisfactory at the other parent’s house, and a judge orders a custody arrangement that allows the child care situation to continue.
In 2011, the parent that argued about the child care previously cannot bring it up again as a reason to change the custody schedule. If the judge has already heard the reason in a previous custody hearing, the judge will not permit the issue to be re-argued again.
If the other parent attempts to re-litigate prior issues, your experienced child custody attorney will make sure to address this with the judge during your hearing.
Small Pattern of Acts or Omissions
You probably have heard your friends or family members say “make sure to document every time he drops your child off late,” or “make sure the judge knows she isn’t sending back his school clothes at exchanges.” Documenting all these “little patterns” are not cause for a change in custody.
A custody modification requires a substantial change. If the other parent is not showing up and constantly disappointing your child, or the other parent is showing up intoxicated, these are significant safety and emotional concerns that your child custody attorney will need to bring before a judge.
Time Lag
This occurs when the other parent does something egregious, such as receive a DUI, and you do not immediately seek a change in custody. The court will not believe that a change in custody is really needed if you waited six months to file for a modification.
If the other parent attempts to file for a change in custody based on an event you are responsible for that would negatively impact your child — but it occurred months ago — your child custody attorney will be able to argue how the change is no longer relevant or necessary.
Free Consultation with a Tulsa Divorce Lawyer
An experienced Tulsa child custody attorney can help you prepare and help you through the custody modification hearing, ensuring your rights and positions are well argued and represented.
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For a free confidential consultation, call now: 918-924-5526.
