We often get questions about whether it’s possible to modify child custody orders, as they are meant to reflect the best interests of the child at the time they are issued. Life changes, such as moving, changes in work schedules, or concerns about a child’s safety, can render an existing custody order no longer practical or appropriate. Oklahoma law allows parents to request a custody modification when circumstances change, but the process requires meeting specific legal standards.

When Can a Custody Order Be Modified?

Courts do not modify custody orders simply because one parent wants a different schedule. Under Oklahoma law, the parent requesting the change must prove:

1. A Substantial, Material, and Permanent Change in Circumstances
   Examples include:
   • A parent relocating to another city or state.
   • Significant changes in a child’s schooling, health, or special needs.
   • Evidence of abuse, neglect, or unsafe living conditions.
   • A parent’s substance abuse or criminal activity.
2. That the Change Is in the Best Interests of the Child
   The court must determine that the proposed modification will benefit the child’s safety, stability, and overall well-being.

Steps to Modify a Custody Order in Oklahoma

If you believe a modification will benefit your child, there are certain steps to follow:

1. File a Motion or Petition for Modification
   The parent seeking a change files a petition in the same district court that issued the original custody order. This document outlines the requested changes and their rationale.
2. Serve the Other Parent
   The other parent must be officially notified and given a chance to respond to the request.
3. Attend a Court Hearing
   The court will schedule a hearing at which both parents will present evidence and testify. Judges often consider witness statements, school or medical records, and, in some cases, the preferences of older children.
4. Judge’s Decision
   After reviewing the evidence, the judge will decide whether the requested modification meets the legal standard and serves the child’s best interests.

Temporary and Emergency Modifications

If there is an immediate risk to the child—such as abuse or danger—the requesting parent may seek an emergency custody order. Emergency orders are temporary and remain in place until a full hearing is held.

Can Parents Agree to Modify Custody?

If both parents agree on a new custody arrangement, they can submit a joint stipulation to the court. Judges usually approve agreed changes as long as they still serve the child’s best interests.

Tulsa Child Custody Attorneys

We help parents across Oklahoma modify custody orders to meet their children’s changing needs. Whether you are seeking more time with your child, need emergency custody, or are opposing a modification request, Tulsa County Lawyers Group can help. Get a free consultation from a child custody attorney by calling 918.379.4864, or you can ask an online question.