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To modify a custody order you will need to file a Motion to Modify Custody Order with the same court where the initial custody order was issued. You will need to state why you want the modification and must show what you deem your permanent and material change in circumstance is for the court to consider your request.
If you do not have minor children and are going through an uncontested divorce, the divorce can be finalized within 10 days. In uncontested divorces where you share children, the waiting period is 90 days. The judge may decide to forego this if there are absolutely no objections to the terms of the divorce.
The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.
Modifying child support on your own, known as a pro se modification, is an option that allows you to initiate the process independently. To begin, visit the court that issued the initial child support order and request the necessary paperwork for modification.
Customers needing legal assistance may qualify for free legal help through Legal Aid Services of Oklahoma. Please visit the Legal Aid website or call 1-888-534-5243, Monday through Thursday, 8 a.m. to 4 p.m.
To get full custody, you'll need to file a motion before the appropriate Oklahoma family law court requesting full custody. Following the motion, there'll be at least one hearing on the matter. The number of hearings will depend on why you requested full custody and the other parent's response to the motion.
.oklaw.org is a website providing the public with easy internet access to basic legal information and legal resources in Oklahoma.
To modify a joint custody order, either parent must show that he/she cannot collaborate with the child's other parent. As such, they must show that it would be in the best interest of the child to award sole custody instead.