What’s the Process to Modify Custody in Oklahoma?

Process to Modify Custody

We often get questions about the process to modify custody in Oklahoma. Child custody orders are designed to provide stability and serve the best interests of the child. However, life circumstances change, and sometimes an existing custody order no longer works for the child or the parents. In these cases, either parent can request a modification of custody.

When is it Possible to Modify Custody?

Oklahoma courts do not change custody orders lightly. To modify an existing order, the requesting parent must show:

  • A substantial, material, and permanent change in circumstances since the last order.
  • That modifying custody is in the best interests of the child.

Examples of changes that may justify a modification include:

  • A parent relocating to another city or state.
  • Evidence of abuse, neglect, or substance abuse.
  • Changes in the child’s needs, health, or school performance.
  • One parent failing to follow the existing custody order.

Filing a Motion to Modify Custody

The process begins by filing a Motion to Modify Custody with the court that issued the original order. The motion should include:

  • The reason for requesting the modification.
  • Facts showing the change in circumstances.
  • How the proposed change benefits the child.

Once filed, the other parent is served with the motion and has the opportunity to respond.

The Court Hearing

After both parties have been notified, the court will schedule a hearing. At the hearing:

  • Each parent may present evidence and witnesses supporting their position.
  • The court may review school records, medical reports, and testimony from counselors or experts.
  • If the child is old enough and mature enough, the court may consider their preference.

The judge will then determine whether the proposed modification serves the child’s best interests.

Temporary Custody Changes

In urgent situations—such as allegations of abuse or immediate safety concerns—a parent can request a temporary custody order while the case is pending. These are granted only when immediate action is necessary to protect the child.

Creek County Child Custody Attorneys

Modifying custody in Oklahoma requires showing a substantial change in circumstances and proving that the change benefits the child. While it can be challenging, the law allows for adjustments when life situations evolve. If you’re going through a custody battle, our team at Creek County Attorneys can help you and will provide the best possible legal strategy for your case. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.