Understanding the Process for Modifying Court Orders
Hi, I’m Muskogee child custody attorney Justin Mosteller, and today we’re going to discuss the process for changing a court order regarding child support, child custody, or visitation.
Divorce or paternity litigation can be difficult and traumatic for everyone involved—especially the children. Because of this, Oklahoma law is designed to make these orders relatively “sticky.” Once an order is entered, it stays in place unless there is a significant reason to change it.
Legal Standard for Modifications in Oklahoma
Under Oklahoma law, the standard for modifying such orders is a permanent, substantial, and material change in circumstances—a major change that affects the children’s best interests and warrants the court revisiting the previous order.
This isn’t an impossibly high burden, and the situations that bring people into my office for modifications are often common: a parent moves, a child develops special needs after an injury, or a parent develops a substance abuse problem. There are countless possibilities, but all require showing the court that the change is substantial, permanent, and impacts the child’s well-being.
Filing a Motion to Modify
When such a change occurs, you must file a motion to modify. In this motion, you explain to the court why the modification is necessary. If an agreement cannot be reached, you will need to prove your case in court. Importantly, temporary changes usually don’t meet the legal standard—there must be a serious and lasting shift in circumstances.
For example, in child support cases, losing a job or receiving a significant promotion could qualify. In custody or visitation cases, the change must directly affect the child. Buying a new car wouldn’t qualify, but being involved in a drunk driving accident might—if you can show it impacts the child’s safety and well-being.
Contact Us for Assistance with Your Order Modification
If you need to change your custody, visitation, or child support order in Oklahoma, contact the Wirth Law Office. Our motto is to make law easy, and that’s what we strive to deliver every day. Call Muskogee child support attorney Justin Mosteller at 918-879-1681 for an affordable consultation on your case.
