Can a Noncustodial Parent Become an Oklahoma Custodial Parent?
As a noncustodial parent, you may find yourself frustrated with not being able to see your child if visitation restrictions have been put in place or if your ex-spouse has placed your child in danger and you feel like you have no control. Just because the Oklahoma divorce trial led to you becoming a noncustodial parent does not mean you can never seek to become a custodial parent. You might have the option to revoke the parental rights of your ex-spouse and gain custody of your child under certain circumstances. Be sure to ask an Oklahoma Divorce Attorney for answers if you have any questions about this.
When Can I Become an Oklahoma Custodial Parent?
You might be able to seek Oklahoma custodial rights over your child when you can prove that circumstances have changed in your life or in your ex-spouse’s life. However, this can quickly become complicated when other factors are at play like your ability to raise the child versus other family members who can legally care for your child. Ultimately, the decision is up to the judge, which is why talking this over with a lawyer is so important for your case.
A lawyer with experience in child custody and parental rights will be able to offer some answers and options for seeking custodial rights over your child. There are many factors that can prevent a parent from gaining custodial rights like:
- Physical or sexual abuse of the child
- Domestic violence or abuse of the other spouse
- Criminal charges in the past
- Reckless substance use around the child
- Insufficient resources for the child
- Work that restricts adequate caring for the child
There might be certain situations where your ex-spouse may fall into any of these categories and can lose custody of your child. You would need to talk with a lawyer and judge about whether you could then take over child custody.
Legal Actions You Can Take with Oklahoma Child Custody
After the judge enforces the final Oklahoma child custody order, many parents believe they can never change this. This is not entirely true because there are certain circumstances that can warrant a change to who holds custody of the child. The first step involves filing a Motion to Modify Custody Order with the court.
The challenge is explaining to the court why the order should be changed. You must provide a legitimate reason with evidence to back up your statements. For example, if you are seeking to file this motion because your ex-spouse has abused drugs around your child, then you need to provide some evidence of their drug abuse. An updated Oklahoma child custody evaluation might be warranted.
Divorce Attorney in Oklahoma
You may not have to let your ex-spouse take all of your parenting rights away. Sometimes asking for advice from an Oklahoma Family Lawyer is enough to give you the resources you need to gain custody of your child. You can start this process by contacting the Putnam Law Office today by dialing (405)-849-9149 for a consultation. Our lawyers can help you figure out what your options are for child custody. Mr. Putnam is an experienced lawyer in Oklahoma City, OK who is dedicated to his clients.