Sometimes it takes the holiday season for a parent to realize that their current child custody agreement is no longer working in their favor or in the best interest of the child. Fry & Elder’s team of accomplished Oklahoma family law attorneys understand the importance, sensitivity and urgency in which child custody modifications need to be addressed. Below are four reasons why a parent should request an Oklahoma child custody modification.
REASON 1: When the Present Oklahoma Child Custody Agreement is not in the Best Interest of Your Child
Because Oklahoma is one of many states that applies the “best interest of the child” standard when determining visitation and child custody issues, this needs to be at the forefront of a parent’s request for an Oklahoma child custody modification.
A judge will typically not consider a child custody modification if the present agreement appears to be working for both parties involved and meeting the best interests of the child. A parent wishing to make a modification would need to show that the other party is not meeting the child’s best interest standard through questioning the parenting ability and consistency of the other parent.
REASON 2: If You Believe Your Child is in Danger
If there are legitimate reasons why you believe your child is in danger or is not safe, the courts will look very closely at a child custody modification. Examples of your child being in an unsafe environment might be constituted by acts of domestic violence, physical or psychological abuse and neglect.
REASON 3: When the Agreed Upon Visitation Schedule is Repeatedly Violated by Your Ex
The courts are likely to consider an Oklahoma child custody modification when a parent is not following the agreed upon parenting plan and not cooperating with the visitation schedule. Lack of communication and respect are often at the core of these violations taking place. The parent looking for a modification would want to document instances and examples of these violations.
REASON 4: When a Parent is Considering Relocation
Oklahoma courts typically do no want to remove a child from his or her established environment and routine. When a party is considering relocation, and moving the child out of state or to a distant location, a judge will want to look into a parent’s motivation for relocating, if the parents have communicated about a solution to modify the visitation schedule and whether a child’s life would be interrupted by a move or modification.
Other Things to Consider in Regards to an Oklahoma Child Custody Modification
For a modification to be strongly considered, a parent would need to show that a child’s best interests are not being met under the current agreement. The parent would need to prove that there is or has been a change in conduct in which the child’s best interest would be better served with a modification.
Experience the Fry & Elder Difference
Whether you are inquiring about an Oklahoma child custody modification or another family law, criminal law or immigration law issue, Fry & Elder has the experience and team in place to help you successfully navigate through your legal issue. The firm’s talented lineup of the attorneys has helped the Fry & Elder be named to the prestigious U.S. News & World Report’s Best Law Firms List each of the past five years and includes the following trial lawyers:
- Two 2018 Best Lawyers® Selections
- One of only 19 attorneys in the state to be a Fellow of the American Academy of Matrimonial Lawyers
- Best Lawyers® Lawyer of the Year for Family Law in Tulsa 2016
- The 2016 Oklahoma Family Law Attorney of the Year by the Oklahoma Bar Association Family Law Section
- Five attorneys recognized by Super Lawyers®
- Four attorneys AV® Preeminent Peer Review Rated by Martindale-Hubbell®
- Three of the past four Oklahoma Bar Association Family Law Section Chairs
- A Cherokee Nation District Court Judge
- The 2017 OBA Earl Sneed Award Recipients