Modifying Your Child Custody? Avoid These 5 Common Mistakes

Modifying your child custody agreement is necessary as life circumstances change. If you and your ex-spouse can agree to the modifications, the process can be simple. However, if disputes arise, it can be more difficult. Either way, you are best protected when you confer with an experienced family law attorney.

When Can You Modify Child Custody?

Your divorce decree is often the final order filed by the court in your case. However, while the order is a final decree, it can be modified later. We all know that life circumstances at the time of your divorce can drastically change as time passes, so the law allows for changes. In fact, under certain circumstances, child custody and child support can both be modified. Below are a few circumstances where modifying a divorce decree is warranted:

Modification Due to the Relocation of a Parent

When you first entered into a child custody agreement, it was based on the parents’ circumstances at the time. However, if one parent relocates to a different city or state, making the original custody arrangement impossible, the court will consider a modification to the custody and visitation agreement. When relocation is the reason for the change being requested, either parent may file the motion. Below are a few factors the court will consider:

• how the relocation will impact the child and if it will improve the child’s life
• the parent’s reason or motivation for relocating
• whether the custodial parent will comply with the visitation modification
• whether the noncustodial parent disagrees with and fights the modification
• and other factors

Ultimately, the court will decide whether or not the relocation is in the child’s best interest.

Change in Life Circumstances

Life happens, circumstances change, and your court order may need to be modified to accommodate these changes. Whether it is a new work schedule, your child’s activities, or even an illness, if it impacts parenting time, a modification may be needed. The court may consider the child’s age and wishes regarding the modification. The older the child, the more the court may listen to what they want regarding visitation. The court also heavily considers evidence of domestic violence, abuse, and the child’s overall physical and mental health. A knowledgeable family law attorney can help you understand the factors that the court will consider and the evidence you need to support your argument.

Avoid These 5 Common Modification Mistakes

When you are seeking to modify your divorce order, it is critical to comply with the terms of the existing order until it is modified by the court. In other words, you cannot refuse parenting time even if the co-parent is not paying child support. Refusing visitation as required by a court order can result in a contempt of court charge, fines, or even time in jail. Below are five other common mistakes to avoid:

1. Failing to document the circumstances that warrant the modification you are requesting. Proving the significant life circumstances that have changed since your divorce decree was entered is critical in supporting your claim for modification.
2. Failing to comply with current court orders is also a common mistake. Dealing with an ex-spouse can be highly emotional, resulting in bad decisions. However, you must continue to comply with existing visitation or custody arrangements before getting the order modified, or the court will not be happy with you.
3. Forgetting that your children are the top priority is also a common mistake. Do not get caught up in trying to “win” against your ex-spouse at the cost of your child’s best interests. Your needs do not override your child’s needs.
4. Another common mistake is not understanding Oklahoma’s custody laws and court deadlines. Having an experienced family law attorney on your side can keep your case on track.
5. Like #4 above, you should not try to handle important family law matters without legal help. Modifying a visitation, custody, or support order requires a lawyer’s help.

Avoiding these common mistakes will improve your chances of getting the modification you are seeking.

Contact Babbit, Mitchell & Ogle Today

Every family law matter is unique but understanding what Oklahoma courts consider in your case is critical. The best interest of the child is always the first priority. If you are looking for a family law attorney, contact BMO Law for a consultation. We aggressively fight on behalf of our clients. There are long-term implications for those affected by a family law case, and we are here to protect your best interests. Call us at (405) 692-7676 to schedule your appointment.

At BMO Law you are not just getting one attorney, you are getting a team!