Every Child Custody Case Is Different
Video Transcribed: What’s the first thing you should know about changing or modifying child custody in Tahlequah? Hi, my name is Ryan Cannonie. I’m an attorney in Tahlequah. I get a lot of calls about wanting to modify child custody.
And as you know, depending on what time of year, if it’s in the summer, people are wanting to spend more time with their kids going out and doing stuff. If it’s in the winter, it’s a lot of times holidays either coming up or just happened and people want to start changing things up.
Now, the important thing to remember is, every custody matter is different. So call us, let’s talk to you. Let’s give you a consultation because of your situation, I can’t just give blanket information about how these work and it fit every single person’s situation. But the big thing for people to know is that unless your custody agreement has something in it that allows you to just modify whenever you want, then there’s this test that you have to do.
Basically, there’s a certain standard you have to meet in court. And if you’re the parent trying to modify, it doesn’t matter that you could win the Nobel Prize if you wanted to. And that’s not going to come in and help you.
You have to talk about how the parent who has custody, there’s something changed. So they’re talking about substantial change in their situation because what you’re trying to show is that because of this change, you need to have a modification.
Now, the courts aren’t going to let it be everything you’ve done well. Let’s say you went from being completely homeless and broke to now you’re a multi-millionaire with six homes and a private yacht. It doesn’t matter.
If the other person is still doing everything they’re supposed to. They’re still following all the guidelines and rules set out in the custody agreement. If their situation hasn’t changed, they haven’t moved. They’re not dating someone new. There’s no drugs, alcohol, threats of safety over welfare to the child or children, then you’re not going to get very far.
So it’s really important to remember it’s not so much what you’ve done, it’s looking at what the other person has or hasn’t been doing. And these are some questions and thoughts that you have to have whenever you’re talking with your attorney about it.
And hopefully, your attorney is guiding you to try to figure out, is there something out there that we can ask the court to modify this custody or visitation agreement? Because of something else with the other parent.
If you have questions about this, if you’re thinking about child custody modification, if it’s just something you’re curious about, then please give us a call, tahlequahattorney.com. Shoot us a web form. We’ll get back to you as soon as we can. And hopefully, we can help. Thank you.
