Understanding the Process of Modifying Visitation Schedules
Today, we’re discussing how to modify visitation schedules and what the legal requirements are for doing so. I’m Oklahoma City custody attorney Dillan Savage, at Wirth Law Office, primarily practicing in the Oklahoma City area.
Modifying a visitation schedule differs significantly from modifying custody, which follows the Gibbons v. Gibbons test, requiring a material or substantial change. When it comes to visitation schedules, the burden of proof is much lower. Oklahoma clarified this standard in the 2021 case Swiney v. Villanueva, ruling that the standard for modifying a visitation schedule is based on the best interest of the minor child or children.
Who Can File a Motion to Modify Visitation?
Anyone involved in the case can file a motion to modify the visitation schedule. This could include the party with primary custody if they believe the current schedule no longer serves the child’s best interests, or even the parent who is receiving visitation if they want to modify their visitation without changing custody.
In summary, to modify a visitation schedule, you only need to prove that the change is in the best interest of the child or children. I’m Oklahoma City family attorney Dillan Savage of Wirth Law Office. I hope this video was helpful.
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If you think this information could assist someone else, please visit TheOklahomaCityAttorney.com. For personalized advice regarding your situation, contact us at 405-888-5400. Thank you for watching!
