If you do not properly inform someone who has custody or visitation rights to the move (without the court informing you that you do not need to share the information to protect the safety of you or the child), the court may take this into account when deciding whether to change custody or visitation arrangements or if you must pay the legal fees and fees of the other party who refuses your relocation. It may also be the reason why the judge orders the return of the child when the move has taken place without notice.3 For a “Sole Custody Order” that needs to be amended, the court will seek evidence that is a change of custody, for example from parent to parent, in the best interests of the child. To change a “shared custody decision,” both parents must prove that they and the other parent are not in a position, in these circumstances, to cooperate in the best interests of the child and that sole custody will be a better solution. In Oklahoma, a child care order can sometimes be changed, whether or not both parents accept the change. This article explains how to change your custody order in Oklahoma. It might be possible. If you move to another state, you may be able to change the state in which the custody dispute is negotiated, particularly if the other parent no longer lives in the state that issued the original custody order or if there is no longer a significant connection between the child and the state that gave the order. In other words, if the court finds that there is no longer any evidence of the state of origin on the child`s life, then a new state in which there is an important connection with the child can hear (be competent) the case. 1 You should normally ask the judge who is bringing the case to change the jurisdiction of your case.
For more information, visit our Edit a Final Custody Order page. Shared custody means that parents share all or certain aspects of physical and legal custody of the child. Shared custody is sometimes referred to as joint legal custody and/or shared physical custody. As a general rule, a judge will not consider a change in custody if this agreement appears to be working for both parties involved and is in the best interests of the child. A parent who wishes to make a change should prove that the other party does not meet the best interests of the child by questioning the ability to educate and the consistency of the other parent. In other words, if you don`t want your kids around the bimbo that your ex-husband sees, you probably won`t be able to prove that your personal feelings for the woman really reflect a dangerous or unstable situation for your children. However, if your ex-wife has moved in with a registered sex offender, you are much more likely to receive a change of custody. Getting changes to a divorce decree is difficult and complicated. This is why it is important to take your divorce proceedings with strong legal representation and to obtain a working divorce decree from the outset. The court encourages parents to work together to develop a custody plan that both support. You and the other parent should try to negotiate a plan and present it together in court. The court generally accepts the plans that the parents submit together.
Whether you`re learning about a change of custody in Oklahoma or any other family, criminal or immigration issue, Fry-Elder has the experience and team to help you successfully navigate your legal issue.