Here in Norman, OK, it is possible to modify a custody agreement once it’s been finalized, but this is not done lightly. The courts make custody orders based on what they believe is in the best interests of the child, so you’ll need to provide convincing evidence that the child’s best interests have changed since that order was made. A custody attorney can help you at every step.
Can Custody Agreements Be Modified After They Are Finalized in Norman, OK?
If you and the other parent agreed to modify the child custody arrangement, you are free to do so; however, it is always best to get an official change made with the court even if you do, so that there are no questions or concerns in the future. Bear in mind that while you and the other child’s parents may get along very well right now, things can change. It’s always easier and more secure if everyone is on the same page, including the courts.
If you don’t agree, then things are a little more difficult. You’ll need to file a petition to modify the custody order, and in your petition, you must explain what substantial change of circumstances has occurred either in your life, your child’s life, or the life of the other parent that would warrant a modification. You will need to attend a hearing at which you provide clear proof that the change you’re requesting is in your child’s best interest.
What Qualifies As a “Substantial Change?”
A substantial change to the life of the parents could include a major cut in salary or the loss of a job. Either parent may need to request a modification if they develop a serious health condition or if another close family member, such as a parent or child from another marriage, does. If one of the parents has developed a substance abuse problem, or if they are now abusing or neglecting the child, this would be grounds for modification.
A substantial change in the child’s circumstances is usually something like the development of a new health condition that requires a change in their living situation to accommodate healthcare needs. To get this modification, you’ll need to provide evidence that your lawyer will then put together and present to the court convincingly to show that the current order you have is no longer in the child’s best interest.
You might be surprised to learn that simply moving, getting remarried, or the birth of another child is not usually considered a good enough reason to make a modification. Although these are “substantial” changes to your circumstances, you would have to be able to show that this change requires a change in the child’s custody orders to promote the child’s best interests.
Am I Allowed to Move?
If you have primary custody, you just have to let the other parent know, if your move will be less than 75 miles from your current location; though it’s always a good idea to let your attorney know and ask if there’s anything else you should do just to make sure there are no issues. But if you plan to move more than 75 miles away, and if that move will be for 60 days or more, then you do have to give the other parent a written notice of this at least 60 days before you move.
If you are required to move for work or a family emergency, and you didn’t know about the move 60 days in advance, you have to send notice to the other parent within 10 days of finding out that you must move. This notice has to include the address where you will be living, the home telephone number (if there is one), when you intend to move, and the specific reasons why you are making this move.
You must also send along a proposed, revised visitation schedule and notify the other parent in this same document that they have 30 days to object to it. There is one exception here: if a judge agrees that you or your child would be in danger by having to provide specific details about where and why you’re moving, then the judge can order that your address, telephone number, and any other specifics of that nature be excluded not only from your notification to the other parent but also from any court documents. The judge can even waive the notice requirement entirely if the circumstances warrant it.
If the other parent doesn’t agree to the move, they have to file their objection with the court within 30 days and then request either a temporary or permanent order to stop the move. However, if you have not notified the other parent properly, then the court will decide whether you are allowed to move or whether any change in custody or visitation schedules is permitted. The court may also make you pay attorney fees for the other party to compensate them for having to act quickly when they were not given proper notice. If you move without telling the court or the other parent, this could be grounds for the child to be ordered back to the other parent.
Other Reasons the Courts Will Consider a Custody Change
The most common reason for requesting a change is a substantial change in circumstances, but there are a few other situations the courts will consider. If a parent was originally denied custody because of a substance abuse issue, but they can prove that they have been rehabilitated and are now capable of sharing custody, they can bring a modification request. If a parent can prove that the other parent is unfit, not only if they are abusive or neglectful, but even if they are suffering from serious mental health issues, this could be grounds for changing an order.
It is important to be aware that the courts will not consider it “neglect” if the custodial parent is ordered to active duty military service and thus leaves their child with a third party, such as a grandparent. While the other parent cannot bring this as grounds for making a permanent change to custody orders, they may be able to request a temporary custody change for the time that the other parent is away. Talk to your lawyer if this is the case for you.
Other grounds the court will consider include the wishes of the child, if the child is old enough and has a strong preference for where to live, or if the noncustodial parent can show that the circumstances in the home of the custodial parent are not conducive to the mental and physical well-being of the child for reasons other than abuse or neglect. For example, if a stepparent in the house is treating your child substantially differently from his or her own children, this could be damaging to the emotional health of your child and may be grounds for changing custody.
Whatever your concerns are, it’s important that you work with a custody lawyer who understands Oklahoma law and has experience in the local family courts. Reach out to Chapman & Stender Law Group in Norman, OK today for help.
