How to Change a Child Custody Order
Child custody orders control how often you can see your children and can limit how much time you are allowed to visit. There are different types of custody orders depending on the situation, the parent’s income, accusations against each other, and what is considered best for the children. Some custody orders allow both parents to raise the children on a scheduled basis, whereas other custody orders only grant one parent permission to raise the children.
Courts finalize custody orders as a part of the divorce process and some parents find themselves cheated or misunderstood. However, a divorce lawyer can help you legally change a child custody order, even after the order has been finalized.
Types of Changes You Can Make
With the right documents and legal procedures, you may be able to change visitation rights, child custody arrangements, locations for raising the children, and child support. The most common reason a parent seeks to change visitation rights is that the original visitation schedule is conflicting with other events.
If the original child custody order was for exclusive custody, you will need to prove that your situation has changed enough to warrant a need for new visitation arrangements. Courts also require the requested changes to keep the child’s wellbeing in mind.
Changes to locations for raising children require permission from the court if the distance moved will significantly alter the relationship with the other parent. This requires justification for moving to another location. A request for exclusive custody must also be requested if you do not already have full custody of your children.
Child support payments can become overwhelming if you were fired, changed jobs, or went through a financial loss. You will only be allowed to alter child support arrangements every three years, unless there is a significant change in your income level. A significant change means 20% or more.
Filing a Petition
When it comes to filing a petition to change your child custody order, there are major and minor modifications. Minor modifications are small and require less paperwork, but major modifications will require sufficient reasons for any changes. Filing fees for petitions vary depending on where you currently live. If you file a petition from a different country, the fee can increase to the hundreds of dollars.
After your petition is received, an adequate cause or threshold hearing will be scheduled. At this hearing, you will be expected to offer proof for why the major modification is necessary. The judge will schedule a trial if the other parent disagrees with your requested changes. You will need to show that there was a substantial change in circumstances for the judge to grant you a new custody order.
Family Attorney in Oklahoma City
Child custody orders are often thought of as permanent decrees, but life circumstances can change in an instant. If your life has changed in a way that makes your previous child custody arrangement unfair, try talking to an Oklahoma divorce lawyer. Call the Putnam Law Office at (405)-849-9149 for consultation. Mr. Putnam is an Oklahoma City, OK attorney who puts clients first and will fight for your rights.
