Modifications of child custody are fairly common in Oklahoma. Once the Family Law Court enters a final order determining child custody or visitation this is the order in effect until its modified. Upon a change of conditions either parent can file with the court a motion to modify. In each case the party seeking the modification must show a material change of circumstances. This change must have been unforeseeable at the time the final order was entered. If the moving party fails to show the material change of circumstances the case may be dismissed on a summery judgement. On the other hand if both of the parents agree to the modification the courts will enter the order as agreed.
Modifications of Child Custody in Oklahoma
An example may be that the parent with primary custody or the parent exercising visitation becomes drug or alcohol addicted. This same addiction is placing the child in danger and to continue with the order as granted is not in the best interest of the child. This represents a material unforeseen change since the order was entered and as such is modifiable under Oklahoma Family Law Statutes.
Modifications to Child Support in Oklahoma
An example of a modifiable order as it pertains to child support may exist when the noncustodial parent suffers a significant reduction in income. This income change must have been unforeseeable at the time the child support order was entered and it must be material. Another example may be a significant increase in income by either parent.
Family Lawyers Group Attorneys
If you’re facing a situation where you require modifications of child custody we can help. It doesn’t matter if the child custody order is part of a divorce or a paternity case we can handle it. Our attorneys handle both child custody and child support modifications. We practice in every county in Oklahoma and offer a free consultation call 918-742-3555 or send us an email.