Advantages of Custody Modifications for OKC Parents
In Oklahoma, child custody arrangements are established to prioritize a child’s best interests following a divorce or separation. However, as circumstances change over time, these arrangements may need to be modified. Contact a skilled Oklahoma City child custody attorney to assist if you want to modify a child custody arrangement.
Understanding Child Custody in Oklahoma
Oklahoma law recognizes two types of child custody: physical and legal. Physical custody refers to where the child lives, while legal custody involves the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious practices.
Courts can award sole custody to one parent or joint custody to both parents. In joint custody arrangements, parents share decision-making responsibilities and physical custody of the child. The specific terms of a custody order are based on the unique circumstances of each case, with the child’s best interests being the primary consideration Okla. Stat. tit. 43 § 109.
Grounds for Modifying Child Custody
To modify a child custody order in Oklahoma, the parent seeking the change must demonstrate that a substantial, material, and permanent change in circumstances has occurred since the original order was issued and that the modification would serve the best interests of the child. Okla. Stat. tit. 43 § 112
Examples of qualifying changes in circumstances may include:
- Relocation of a parent
- Changes in a parent’s work schedule or financial situation
- Substance abuse or domestic violence issues
- The child’s preferences (if they are of sufficient age and maturity)
- Parental alienation or interference with visitation
Not every change in circumstances will justify a custody modification. The court will carefully evaluate the evidence presented to determine whether the change is substantial enough to warrant a modification and whether the proposed modification is in the child’s best interests. The court may consider factors such as the child’s relationship with each parent, the child’s adjustment to their home, school, and community, and each parent’s ability to provide a stable and nurturing environment. If the court finds a modification necessary to serve the child’s best interests, it will issue a new custody order reflecting the updated arrangement.
The Legal Process for Modifying Custody
To initiate a custody modification in Oklahoma City, the parent seeking the change must file a motion to modify with the court that issued the original custody order. The motion must detail the specific changes requested and the reasons for the proposed modification.
The other parent must be adequately served with the motion and allowed to respond. If the parents cannot agree, the court will hold a hearing to consider evidence and testimony from both sides. The court will then decide based on the child’s best interests.
Working With an Oklahoma City Child Custody Attorney
Modifying child custody can be a complex and emotionally challenging process. Working with an experienced Oklahoma City child custody attorney can help protect your rights and your child’s best interests throughout the proceedings.
A skilled family law attorney can assess your case, advise you on the most appropriate course of action, and represent you in court if necessary. They can also help you gather evidence to support your case, negotiate with the other parent or their attorney, and draft any required legal documents.
Relationship Between Child Custody and Child Support Modifications
When modifying child custody arrangements in Oklahoma, it’s essential also to consider the potential impact on child support obligations. Child support is calculated based on several factors, including each parent’s income and the time the child spends with each parent (Okla. Stat. tit. 43 § 120).
If a custody modification significantly changes the amount of time the child spends with each parent, it may warrant a corresponding modification to the child support order. For example, suppose a parent who previously had limited visitation is granted more parenting time. In that case, they may be entitled to a reduction in their child support payments to reflect their increased direct expenses for the child.
Similarly, if a parent’s income changes substantially, upward or downward, it may justify modifying the child support order. Oklahoma law allows for a child support modification when there will be at least a 20% change in the calculated amount of child support to be paid.
When pursuing a child custody modification, you must work with an experienced Oklahoma City family law attorney who can help you understand the potential implications for your child support obligations. Your attorney can advise whether a simultaneous child support modification may be appropriate and assist you with the necessary legal proceedings.
Call Our Oklahoma City Child Custody Attorneys Today
If you are considering modifying your child custody arrangement in Oklahoma City, the dedicated family law attorneys at Wirth Law Office–Oklahoma City are here to help. With extensive experience handling child custody matters, we can guide you through the process and fight for the best possible outcome for you and your child.
To learn more about how we can assist with your custody modification case, call us today at (405) 888-5400 to schedule a consultation with one of our knowledgeable Oklahoma City child custody lawyers. Let us put our expertise to work for you and your family.
