You have a Joint Custody Plan with the other parent, but things are not going well. How do you know if it is time to make a change?
What is Going on at Home?
Practically, you may be experiencing trouble agreeing on what is best for your children.
You may disagree consistently on a variety of things including the children’s education needs, extra-curricular activities, medical care, summer plans or overall development goals. The other parent may act and talk disrespectfully every time you try to discuss an issue related to the children. Your kids may be exposed to continual arguments. One of you may not be meeting your court ordered child support obligations. Your physical custody schedule may not be working anymore for you, the children, or both. Also, you may have concerns about abuse or neglect by the other parent.
How Can Having an Attorney Help?
You know things need to be better, but how do you know when it is enough to ask the Court to make changes that will affect the care of your children? You need an attorney who understands both the law and how it practically relates to you and your kids. A skilled attorney at Ball Morse Lowe can thoughtfully guide you through the process of deciding if it is time to ask for a modification of your joint custody plan. The State of Oklahoma has statutes to guide your attorney on the grounds for a modification of your joint custody plan and how to ask for your modification. There are also previous court decisions that may aid an attorney at Ball Morse Lowe in seeking a modification for you.
What is the Process? Do I Have to Go to Court?
What is the process for a modification? It is similar to the process of how you may have obtained your joint custody plan initially. First, a Ball Morse Lowe attorney will meet with you and discuss the facts of your case and the changes you would like to make and why. That attorney will provide you with options based on what the attorney knows may be proved in court. You may be able to reach an agreement with your co-parent by both of your attorneys helping the two of you come to a new agreement or a mediation where a third party helps you and your co-parent make an agreed change. Either of these agreements will then need to be approved by a judge. In highly contested cases, you may proceed through some or even the entire process of discovery, depositions, and ultimately a trial.