At Hood & Barnett PLLC, we put the needs of your child first. If you need to modify your child custody agreement, we’ll help you decide which changes will be in your child’s best interest. We will work to amend your agreement if the parent with physical custody:
Relocation of minor children once a custody order has been entered requires compliance with 43 O.S. 112.3. The sole custodian and/or primary physical custodian must provide written notice of the intended move 60 days prior to the move, if less than 60 days then as soon as the move is intended. The notice must be sent certified mail to the other parent and provide the date of the move, the reason for move, new address, and a proposed new visitation schedule. Once received the other parent has 30 days to file an objection with the court and request a hearing.
Short answer is custody is modified based upon a change of circumstances since the date of the last order. However, this is not just a change in any circumstances.
If one party has sole custody then the other party must show there has been a permanent and substantial change in circumstances which is detrimental to the child and as a result the child would be better off with the other party. This is called the Gibbons test.
If parties have joint custody then they may proceed under Gibbons or simply seek to terminate joint custody under 43 O.S. 109. This statute allows a court to terminate joint custody when the plan is no longer worker and is no longer in the best interest of the minor child. Typical courts will want to see that something has change since the last order was entered.
Courts can order parties to submit to drug tests, Urinalysis, Hair Follicle, or Nail Bed. Typically this is paid by the person accusing the other of drug use; however, if the test is positive the court can order the other party to reimburse the other for the costs.
There is presumption that a person abusing drugs or alcohol should not have custody; however, this can be rebutted by the other party. While courts do not like to give custody or visitation to someone abusing substances it will depend on the substance and the overarching question of is it causing harm to the child.
Many people will want to say this shows instability. But in reality the break up of a family creates instability in the child's life in and of itself. The issue still comes down to how does this behavior affect the child. Does the job change impede the parents ability to care for or provide for the child.
The custodial parent has a duty to facilitate visitation. If the custodial parent is refusing and/or interfering with visitation the other parent may file a Motion to Enforce Visitation pursuant to 43 O.S. 111.3 which must be heard by the Court within 20 days.
Our child custody lawyers in Tulsa, Oklahoma can also assist you if you’re moving, if you need to adjust the visitation schedule or if you want to terminate your joint custody plan. We’ll help you make the right choice so you can provide your child with a healthy, stable living environment.
Call 918-794-0391 now to schedule a consultation about your child custody modification in Tulsa, Oklahoma.