Child custody orders are court orders that establish the legal arrangements for the care and custody of children. These orders are typically put in place during a divorce or separation proceeding, and they can be modified if circumstances change. In Oklahoma, there are several reasons why you might need to modify a child custody order, such as a change in a parent’s living situation, a change in the child’s needs, or a change in the parent’s ability to care for the child. In this blog post, we will discuss how to modify a child custody order in Oklahoma.
Understand the reasons for modifying a custody order
In Oklahoma, a child custody order can be modified if there has been a significant change in circumstances since the order was first issued. This can include changes in the child’s living situation, the parent’s living situation, the child’s needs, or the parent’s ability to care for the child. Examples of significant changes in circumstances include:
- A parent relocating to a different city or state
- A parent becoming incarcerated or developing a serious health condition
- The child’s needs change due to age or development
- Evidence of abuse or neglect by a parent
- A parent’s failure to comply with the terms of the original custody order
Gather evidence to support your case
If you believe that a modification of the custody order is necessary, you will need to gather evidence to support your case. This might include documentation of a change in living situation, such as a lease agreement or utility bills, or evidence of a change in the child’s needs, such as a medical diagnosis or school report card. It is important to keep detailed records of any communication with the other parent, as well as any incidents that support your case for modification.
File a motion to modify the custody order
To modify a custody order in Oklahoma, you will need to file a motion with the court. This motion should outline the reasons for the modification and provide evidence to support your case. You will need to serve the other parent with a copy of the motion and any supporting documents. Once the other parent has been served, they will have the opportunity to respond to the motion.
Attend a hearing
After you file the motion to modify the custody order, the court will schedule a hearing. At this hearing, both parents will have the opportunity to present their case and any evidence supporting their position. The court will consider the best interests of the child in making a decision about whether to modify the custody order. If the court determines that a modification is necessary, it will issue a new custody order.
Follow the new custody order
Once a new custody order has been issued, it is important to follow the terms of the order. Failure to comply with the terms of the order can result in legal consequences, such as fines or even imprisonment. It is also important to maintain open communication with the other parent and work together to ensure that the child’s needs are being met.
Consider mediation as an alternative
Before going to court, it is often helpful to consider mediation as an alternative to resolving custody disputes. Mediation is a process where a neutral third party helps the parents reach a mutually agreeable resolution. Mediation can be less costly and time-consuming than going to court, and it can help preserve the relationship between the parents. In Oklahoma, mediation is often required before a custody case can go to trial.
Consult with a family law attorney
If you are considering modifying a child custody order in Oklahoma, it is important to consult with a family law attorney who can guide you through the process and help you achieve the best possible outcome for your family. An attorney can help you understand your rights and responsibilities, gather evidence to support your case, and represent you in court. An experienced family law attorney can also help you explore alternative dispute resolution options, such as mediation, and negotiate a custody agreement that works for everyone involved.
Modifying a child custody order in Oklahoma can be a complex and emotional process. It is important to understand the reasons for modifying the custody order, gather evidence to support your case, file a motion with the court, attend a hearing, and follow the new custody order. Before going to court, it is also important to consider mediation as an alternative to resolving custody disputes. If you are considering modifying a custody order, it is essential to consult with a family law attorney who can help you navigate the legal process and protect your rights and the best interests of your child.
As a law firm, at Murray Law Firm, we can provide legal assistance and representation for individuals who need to modify a child custody order in Oklahoma. Our experienced attorneys can offer legal advice on the specific circumstances of your case and help you understand your rights and responsibilities under Oklahoma law. We can file a motion to modify the child custody order on your behalf, including gathering evidence to support your case and serving the other parent with the motion. Additionally, we can represent you in court, arguing on your behalf and presenting evidence to support your case.
We understand that going through a custody dispute can be emotional and stressful, which is why we offer emotional support and guidance throughout the process. Our attorneys can work with the other parent and their attorney to negotiate a custody agreement that works for everyone involved, avoiding the need for a trial. We are committed to achieving the best possible outcome for your family and will work tirelessly to protect your rights and the best interests of your child.