Child Custody Modification
After court settlement, whether it’s through mutual agreement or judge decision, the child’s custody is not cast on stones. There’s still room for modification, especially when the child’s welfare is at stake. Any of the parents can initiate this process anytime until that point when the kid is over 18 years.
Child custody is awarded on two major grounds, the child’s welfare and the parent’s ability to fulfill them. And it’s all determined by the judge’s order or by an agreement between the parents. However, the children’s needs are never constant, and also, the parent’s ability to fulfill them may change as well. And in such a situation, there’s room for custody modification Tulsa.
If you’re the parent initiating the change or defending the current custody, you’ll need custody modification attorney Tulsa. Therefore, this applies to all parents who feel the current custody needs a significant change. With the help of custody modification lawyer Tulsa, you can justify your course and obtain favorable judge order.
With that said, let’s find out what child modification is and what it entails:
What’s child custody modification?
This is a court process that entails the modification of a court order regarding children’s custody. This change may target the child support, parenting schedule, or parenting plan, among other major reasons. When this occurs, the two parties can consent to the changes or rely on the court’s judgment on the dispute. Either way, there are key factors that the court has to consider before ascending the changes. And here they’re
Key Facts that can lead to custody modification Tulsa
- Significant change of situation that negatively or positively affects the child
- The custody modification targets the child’s best interest
Conditions under which a judge can agree to modify child custody
- The Child is at Risk
As always, the child’s welfare is crucial. And if anything is endangering their life or safety, it becomes a compelling reason for a custody change. For instance, if any of the parent’s habits endanger the child’s life, the court can limit or revoke their rights. Behaviors that can put the child’s safety at risk include:
- Any form of abuse whether it’s physical or emotional
- One of the party is suffering from mental issues
- Drug abuse
- Among others
- Change on Child’s Need
Children grow, and what seems to work now, may not be reliable a few years later. For instance, if it was a toddler, they may reach the age for kindergarten. With that said, a child needs to explore the different environments for development purposes in various life stages. As a result, this makes one home better than the other.
Now with the right attorney, you can demonstrate the change in your child’s need as a reason for custody modification. Also, the child’s needs may be health-related, making one party better than the other. This is also a reason for a judge to grant you your wish.
- One Parent goes against the Terms of the Custody
When both of you ended up in court for custody settlement, the judge must have provided a custody ruling. And this applies whether it was through the court decision or an agreement between the parties.
Now, if one of the parties is not fulfilling their obligation, the other can apply for a change of custody. It could be that one party travels out of state with the child without their consent. Also, it could be due to the late return of the child every time. When filing for custody change in court, you must notify the other party and also provide evidence.
The evidence must prove your claim that the other party is breaching the agreement. Since providing evidence is mandatory, having a custody modification lawyer Tulsa is essential. They’ll help you modify the custody while considering the violation by the other party.
- Change on the Parent Situation
Like the child’s needs, the parent’s situation can also change with time. As such, the court considers this as a noteworthy course in changing the custody agreement. And that’s why children’s custody is not permanent. But for this claim to succeed in court, then you must provide substantial evidence. This evidence must prove that this change significantly affects the child’s welfare. A negative change in the parent situation is substantial for a custody change.
However, there’re times when positive change can prompt child custody modification. For instance, if the noncustodial party was suffering from substance abuse and now they’ve been sober for over two years. This is enough reason for the custodial change.
- Physical Relocation
When the parent with custody moves or relocates to another location, the non-custodial party can file for child custody modification. However, relocation isn’t substantial when it comes to child custody change. Therefore, there’s no guarantee that your petition will do well in court. But still, the court will consider it when deciding the way forward.
Oftentimes, relocation can be a concrete reason for modification on the child custody when the following conditions are true:
- Moving to a new location will exert strain on the other party (non-custodial). In this case, the new location makes it difficult for them to keep up with the current schedule.
- Moving to another place will positively/ negatively impact the child’s welfare in one way or another.
When it comes to a child custody agreement, the court or noncustodial party can limit the other from moving, especially if they’re taking the child with them. For instance, the agreement can indicate that the custodial party must notify the other before moving. And that includes providing a significant duration of time before relocating. There are times when the agreement prohibits the custodial party from moving to another state.
Finally, before choosing the court to settle the dispute, consider communicating with the other party. In some cases, you may mutually agree and this makes the process easier. Also, before filing for child custody in court, the same applies. You as parents can benefit from arbitration or mediation. It’s inexpensive, doesn’t consume time, and most importantly, both parties will be contented with the results.
However, if outside court settlement doesn’t work for either of you, then court settlement will do. In this case, give us a call if you need custody modification attorney Tulsa to represent you. We’ll help you get a favorable outcome that guarantees the welfare of your child.