When litigants enter the courtroom with their child custody attorneys, a common phrase that is used is “the best interest standard.” If you were to ask your attorney or a family court judge to define this standard, odds are they would answer “well, it depends” when it comes to the best interest of child situations in Oklahoma.
As a way to make this concept seem a little more concrete, we gathered three cases that show how this standard is applied in actual cases:
- Scocos v. Scocos (2016)
- Boatman v. Boatman (2017)
- Varbel v. Varbel (2014)
Out of these, we were able to extrapolate some of the most important factors to consider when you prepare for your child custody case with your attorney to help meet the best interest of child standard.
Standards of Review
If your child custody case goes to trial and you do not accomplish what you wanted your child custody attorney to accomplish for you, you have the right for your child custody attorney to appeal the decision.
However, on appeal, your child custody attorney will inform you that unless there was substantial error, the court of appeals gives great deference to the trial court. This means that if the trial court followed all procedures correctly and allowed a fair trial to take place, how they applied the best interests of child standard will be adopted by the appeals court.
This is the procedure because the trial court is better able to assess the witnesses presented, evidence, and the parties. In an appeal, only a written brief is submitted.
Burden of Proof
Whichever party files for a change in custody has the burden to prove that the change is in the best interest of child along with a significant change in the circumstances. Once the moving party is able to show that the standard is met, the burden shifts to the responding party to prove that the change is not in the best interest of child.
Judges Agree on Three Legitimate Factors
Although these circumstances are not exclusive, these three occurrences have been found to be legitimate reasons for a change in location or custody. These situations include:
- Major change in employment hours or work flexibility;
- Relocating for a love interest that is invested in the family and provides emotional, developmental and financial support;
- Financial change — either moving to increase financial well belling, inheritance that allows more time with the child, or moving in with family due to job loss.
Custody Modification Factors
The well known three factors family law judges consider when evaluating a change in custody and the best interest of child involved are:
- Permanent, substantial and material change in circumstances;
- The change in circumstances must adversely affect the best interests of the child;
- The temporal, moral and mental welfare of the child would be better off if custody is changed
Obviously, these factors are extremely general and abstract, not to mention only child custody attorneys and those with family law experience would really know how these factors are applied.
After dissecting and reading through pages of each cases opinion, we were able to pinpoint almost a dozen factors judges discuss when child custody is at issue:
- How parents handle the child’s social interactions
- How parent’s handle child’s activities
- Nutrition and meal habits
- Parent’s education
- Parent’s employment
- Parent’s work schedule
- Use of day care
- Extended family involvement
- New “stepparent” or significant other involvement
- Parent’s flexibility with work hours
- Attachment to siblings
An important issue that was highlighted in all three cases is that a change in circumstances does not necessarily trigger a change in custody. The change in circumstances must adversely affect temporal, moral and mental wellness necessitating a change in the custody arrangement.
Free Consultation with a Tulsa Child Custody Attorney
Changes in custody and even initial custody determinations are not events to take lightly. Without an experienced child custody attorney to advocate on your behalf and expertly know the law, your case could be unnecessarily negatively impacted.
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 child custody process.
For a free confidential consultation, call now: 918-924-5526.
