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Video Transcribed: How do I end child support after I gain custody of my child? I’m Tulsa Attorney, James Wirth, and I’m answering frequently asked questions and that’s the one that we had that came in. So how do I stop child support after you gain custody?
For the most part, if you’re gaining custody legally, meaning through a court proceeding where you’ve got a court order granting you custody, those proceedings also include orders regarding visitation and child support.
It’s normally all done together. Sometimes if you get custody through a guardianship, maybe the judge will order you to do child support separate, in which case you need to file the child support order and get that into place.
But for the most part, it’s all done together. So I’d want to know more about your specific circumstances in how you’ve got custody, and then to see the best way about getting child support modified.
However, if you’re just talking about having physical custody, maybe the other parent gave you the child, they haven’t picked the child back up and now suddenly you’ve got custody of the child. That’s not legal custody, that’s just physical custody, the child happens to be with you.
In which case, you need to go to court and file for a modification or initial custody determination, depending on your case history, to get a legal order for you to have custody.
And in that case, the court will also make orders regarding visitation, child support, anything else that’s relevant and necessary to be done for that child. So just because you have a child in your possession does not mean you have legal custody.
You do need to have that paperwork, make it enforceable, and at the same time, you should be able to get an order in for child support. If that doesn’t answer your question or you’ve got separate circumstances, different circumstances, talk to an attorney about your specifics. If you want to talk to an Oklahoma family attorney at my office, go to makelaweasy.com.