We often get questions about whether or not its possible to modify custody orders. Custody orders in Oklahoma are designed to reflect the best interests of the child at the time they are issued. However, life circumstances change, and what worked before may no longer be practical or in the child’s best interest. Fortunately, Oklahoma law allows parents to request modifications to existing custody orders when significant changes occur.

When Can I Modify a Custody Order?

A court will not change a custody order simply because one parent disagrees with it or wants a different arrangement. Under 43 O.S. § 112, to modify custody, you must show:

1. A Permanent, Substantial, and Material Change in Circumstances
   Something significant must have changed since the last custody order. Examples include:
   • A parent relocating out of state or far away.
   • A change in the child’s schooling or health needs.
   • Evidence of neglect, abuse, or unsafe living conditions.
   • A parent’s substance abuse or criminal activity.
   • A breakdown in the existing custody arrangement.
2. That the Modification Is in the Best Interests of the Child
   The proposed change must benefit the child’s physical, emotional, and educational well-being.

Steps to Modify a Custody Order

1. File a Motion to Modify Custody
   The process begins by filing a written motion or petition in the same court that issued the original custody order.
2. Serve the Other Parent
   The other parent must be officially notified of the modification request and given an opportunity to respond.
3. Attend Hearings
   The court may schedule one or more hearings. Both parents present evidence and testimony about why custody should or should not be changed.
4. Judge’s Decision
   The judge reviews the evidence and determines whether a substantial change occurred and whether the modification serves the child’s best interests.

In urgent situations—such as when a child’s safety is at risk—a parent can request an emergency custody order. These temporary changes are granted quickly but remain in effect only until a full hearing is held.

Can Parents Agree to Modify Custody?

If both parents agree on new custody terms, they can submit a joint stipulation to the court for approval. The judge will review the agreement to ensure it still serves the child’s best interests before signing it into a new order.

Tulsa Child Custody Attorneys

We help parents across Oklahoma modify custody orders and protect their children’s best interests. Whether you need to change a custody schedule, seek emergency relief, or defend against a modification request, Tulsa Family Lawyers Group can help – call our team at 918-742-3555 or click here to ask an online legal question.