Divorce can be a difficult and painful experience for everyone involved, especially children. It’s not uncommon for families to struggle with the emotions, stress, and changes that come with adjusting to a new living situation after divorce. One of the most challenging aspects is dealing with child custody and support orders. Parents often struggle to understand their rights regarding these issues and how they should approach modifying existing orders if needed.
At Parsons, Graham & Day LLC, we understand the emotional toll this process can take on families and are committed to helping them navigate changing child custody or support orders in Oklahoma while providing sound legal counsel every step of the way. We know that circumstances can change, and it may become necessary to modify an existing order. Our experienced family law attorneys know the laws governing child custody and support orders and can effectively guide our clients through this emotional process.
How are Child Custody and Child Support Determined in Oklahoma?
In Oklahoma, the final decision for custody and support of a child is made by a judge following specific court orders. Custody determinations are based on the child’s best interests, which may include factors such as the capacity of each parent to provide a stable environment and emotional support. Support payments are calculated based on both parents’ incomes, with contributions from one or both parties depending on their individual incomes and the child’s needs.
These calculations also factor in any existing financial obligations that either parent might have to other children from previous relationships. In addition, special circumstances such as health-related issues or educational resources can be considered when deciding how much child support should be paid. It is possible to modify an existing court order if it no longer meets the family’s needs or if there has been a significant change in either parent’s life. The party seeking the modification must provide evidence to demonstrate why it is necessary before a judge makes any changes.
What Circumstances Warrant Modifying an Order?
Child custody and support orders are designed to provide maximum protection for the child and ensure their wellbeing is taken into account. To modify an existing order, a parent must demonstrate a significant change in circumstances or a need based on the child’s best interests. This could include changes in either parent’s income, relocation, changes in the child’s educational needs, or other special circumstances.
It’s important to note that modifications aren’t always granted. A parent must show why an existing order no longer meets the needs of the family and how modifying it would better serve their purposes. The court will take into consideration any attempts to mediate between parents before resorting to legal action, as this demonstrates a shared commitment to finding an amicable solution outside of court.
Parsons, Graham & Day LLC has extensive experience helping families modify existing court orders when needed. Our team of experienced attorneys is committed to properly respecting your rights. We aim to resolve your case quickly and effectively while taking into account what’s best for your children. With our help, you can rest assured that your family’s emotional well-being is protected throughout this process.
What Does the Petition Process Look Like?
Either parent may petition the court to modify an existing order. The purpose of this petition is to explain why they feel the current arrangement needs to be changed. Possible modifications might include changing payment amounts, parenting time, decision-making authority, or other areas affecting the welfare of the child.
A court may require parents seeking modification to attend mediation before making a decision about the case. It is important for parents to participate in good faith and come prepared with all necessary legal documents so that an agreement can be reached efficiently and fairly.
Finally, when it comes time for the hearing before a judge – if no agreement has been reached – each parent should present arguments as to why they believe the existing order should be modified. They should also provide evidence that supports their position and make sure that all documents presented are up-to-date and accurate.
It is important for both parties involved in modifying a child custody or support order to understand what they are entitled to under state law and how best to pursue their case in court. With proper preparation and presentation of evidence, either party can see positive outcomes from their efforts at fighting for change in an existing arrangement. Call our firm for help setting up your arguments at 918-553-5771.