_MICHELLE K. SMITH
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
.
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
.
FREQUENTLY ASKED OKLAHOMA MODIFICATION QUESTIONS
Below are answers to questions frequently asked by men and women about modifications in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this website is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state. MODIFICATION OF CHILD CUSTODY 1. When can custody be modified in Oklahoma? In Oklahoma, child custody can always be modified. It can be modified by agreement. Even if the parents do not agree, custody can be modified if certain requirements are met. The requirements depend on what type of custody is currently in place. If the current custody order is for joint custody then custody can be modified if there has been a material change which makes it in the child's best interest for custody to be modified. Sole custody can also be modified, however the parent wishing modification must show a material change of circumstance on the part of the custodial parent that materially affects the child such that a change of custody would be in the best interest of the child. This is sometimes called the 'Gibbon's standard' after a significant case about custody modifications. Under the Gibbon's standard it is not enough that the non-custodial parent has improved, the change must be on the part of the custodial parent. 2. What are the steps for modifying child custody? The first step is to file a Motion to Modify Custody with the district court. The Motion will then be served upon the other parent. After being served the other parent has 15 days to file an Answer with the court. If the parents are unable to agree on the change of custody then the matter must be presented to the judge at a formal Hearing. Each parent will then put on evidence as to why custody should, or should not, be changed. 3. My child is twelve years old now, can he or she decide who will have custody? No, even though a child is age 12 or over, a child does not get to decide custody. This is an issue that many parents and children do not understand. Under Oklahoma law a judge will consider the preference of a mature child who has a well reasoned preference but the judge does not have to follow the child's preference. The child's preference is just one of many factors a judge will consider. |
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