Child custody arrangements are designed with the best interests of the child in mind. However, circumstances often change, and these arrangements may need to be adjusted. In Oklahoma, parents can modify child custody agreements following a specific legal process. This blog post will provide you with an understanding of this process and the reasons for seeking a modification.
Reasons For Modifying Child Custody in Oklahoma
There are several reasons why parents may seek a modification of child custody, including having a material change in circumstance. A "material change in circumstances" refers to a significant alteration in the living situation or environment that directly affects a child's welfare.
This change could be changes in a parent’s lifestyle, financial situation, living conditions, or even a parent’s health. It is not a minor, inconsequential change but rather one that has a substantial impact on the child's well-being.
A common misconception is that any change in a parent's life can be considered a "material change." However, the change must directly impact the child and their well-being. Minor changes or inconveniences are often not enough to warrant a custody modification.
The courts are also likely to consider an Oklahoma child custody modification when a parent is not following the agreed-upon parenting plan. For instance, if a parent routinely withholds custody from the other, the court may issue new orders that favor the slighted parent.
How Do You Modify Child Custody Orders in Oklahoma?
If you want to pursue child custody modification in Oklahoma, parents need to file a Motion to Modify Custody Order with the same court where the initial custody order was issued. The motion must clearly state information about the parties seeking modification and the reason for requesting the modification.
If both parties agree to the changes to the order, you will not need to have a hearing where you present your evidence and case to the court. However, if either parent objects to the modification, a hearing will be held, after which the court will determine whether you have presented sufficient evidence to warrant a modification.
Impact of Custody Modifications on Child Support Obligations
Modifications to child custody can have a direct impact on child support obligations. When the custody arrangement changes, it often alters the amount of time the child spends with each parent, which is a key factor in determining child support payments.
For instance, if a noncustodial parent gains more custody time, this could potentially lower their child support payments because they are now providing more direct care for the child. Conversely, if that parent's custody time decreases, their child support obligations could increase.
It's crucial to note that any changes to child support must be approved by the court, even if the parents agree on the new amount. You should speak with an experienced child custody and support to discuss what changes you should anticipate.
Contact Our Modification Attorney
We understand the emotional toll these situations can take and are deeply committed to advocating for your rights and the best interests of your child. With Campbell Law Office, PLLC, you gain a partner who is not only knowledgeable about the intricacies of gaming law, but also dedicated to achieving the best possible outcome that aligns with your goals.
Call (405) 331-6761 to get started on your case today.