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Modifying a Custody Agreement Based on a Change in Circumstances


Before spouses can part ways, they are required to establish a thorough child custody agreement that represents their child’s best interests. Custody is determined by a variety of factors, including the child’s relationship with each parent, and each parent’s ability to provide a safe and stable home for the child. If parents can’t make these important decisions on their own, they can turn to the court for a final determination. The courts in Oklahoma take child custody very seriously because whatever parenting plan is developed needs to provide for a child’s emotional, financial, and physical needs. If parents present a substandard child custody plan to the court, the judge has the legal authority to reject it.

A child custody establishes:

  • The child’s primary residence
  • A visitation schedule
  • Which parent has the right to make decisions regarding the child

Requesting a Modification

Over time, parents may need to make modifications to the agreement based on their child’s developing needs or their own personal life changes. Both parents have the legal authority to request modifications, but the court will only allow changes that ultimately benefit their child. If the other parent doesn’t agree with the modification, the court can schedule a hearing to allow the petitioner an opportunity to present evidence of their “change in circumstances” and why it warrants a change in custody.

Examples of substantial change of circumstances includes:

  • One parent is refusing to comply with the visitation order
  • One parent wishes to move far away or out of the state
  • One parent now has the financial resources to provide a safe home for a child
  • One parent is abusing the child
  • One parent has let an unsafe figure move into the child’s home
  • One parent is using illegal drugs or addicted to alcohol
  • One parent has been convicted of a felony
  • The child requires schooling the other parent can best provide
  • The child requires medical attention the other parent can best provide.

Start the Modification Process Today

The success of your child custody modification depends entirely upon your relationship with your ex, the needs of your child, and the skills of your lawyer. Fortunately, the Norman child custody attorneys at the Law Offices of Keith J. Nedwick, P.C. can guide you through this complicated legal process. Our skilled legal team can even help you develop an effective argument and present it to the court on your behalf, securing a positive case outcome that modifies your custody agreement and protects your relationship with your child.

We’re available 24/7! Call the Law Offices of Keith J. Nedwick, P.C. at (866) 590-8173 to schedule a case evaluation.

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