Custody Modification
What is the Gibbons standard for a custody modification in Oklahoma? I’m Tulsa Attorney James Wirth and that is the question that we have. The Gibbons standard comes from the Gibbons case. It’s actually Gibbons v. Gibbons, 1968, OK77. That means that it was a Oklahoma Supreme Court case decided in 1968.
And that Gibbons case talks about what the standard is if you want to file to modify custody or visitation, and this is what it provides. Upon the parent asking that custody be changed from the other parent to make it appear that since the making of the order sought to be modified, there has been a permanent, substantial, and material change of conditions, which directly affects the best interest of the minor child and that as a result of such change in conditions, the minor child would be substantially better off with respect to its temporal and its mental and moral welfare if the requested change in custody be ordered.
Understanding the Requirements of the Gibbons Standard
So the Gibbons standard is the test that a movement requesting that there be a change in custody or visitation must meet in order to show that it’s worthwhile to do something different than the court previously decided to do. So what is that test?
As I said here, it says since the last order was entered, there has to be a change that affects the conditions and the best interest of the child, and it has to be a permanent, substantial, and material change. That’s the first requirement. Have to show there’s been a change since the last order that’s permanent, substantial, and material that directly affects the best interest of the child, and then secondly, that as a result, there’s a change in conditions, as a result of those change in conditions, the minor child would be substantially better off.
So it’s not enough the child be better off with a change, it has to be substantially better off. So the law specifically makes it difficult to do modifications because we don’t want people consistently over and over going back to court if they don’t like the decision they got last time, oh, we’ll just wait a month and file again. No, you have to demonstrate that there has been significant, permanent, substantial, and material changes that affect the best interest of the child that would make the child substantially better off with a different order in place. And that is the given standards. It was brought to us by the Oklahoma Supreme Court way back in 1968, and it is still used to this day.
Seeking Legal Advice for Custody Modification
But if you’ve got questions regarding filing for a modification or defending a modification, you’re gonna want more than just this video. You’re gonna wanna talk to an attorney privately and confidentially to get legal advice specific to your case. If you’d like to do that with somebody at my office, you can go online to MakeLawEasy.com.
Contact Us for a Strategy Session
To schedule your initial strategy session, call us. We are here to help you navigate the complexities of custody modification in Oklahoma and provide personalized guidance for your specific situation. Don’t hesitate to reach out and take the first step towards a favorable outcome.
