Understanding Child Custody Modifications: Key Differences Explained
Let’s talk about contested versus uncontested child custody modification.
Hi, my name is Carl Birkhead. I’m a Tulsa family law attorney with the Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for eight years, and I want to help make the law easy by explaining what modifying custody looks like—especially when it’s contested versus agreed upon.
Uncontested Modifications: A Quick Resolution
The short version is this: if custody is modified by agreement, the process is much faster because there’s less to fight about. When you’re seeking to modify custody, the legal standard is that there must be a material and substantial change in circumstances negatively affecting the child’s health and well-being that necessitates a modification. But if both parties agree to the change, you don’t really have to worry about proving that standard.
For example, I’m currently working on an agreed modification. The parties reached terms on Monday. I drafted the decree by Thursday, and it’s being signed and entered next week. That’s a quick turnaround—easy, efficient, and with far less stress for everyone. In this case, the parents looked at their situation, realized parts of their custody arrangement weren’t working as the kids grew older, and worked together to make changes that fit their family better.
Contested Modifications: A Lengthy Process
Now, it doesn’t always happen that way. If custody is contested, the process can take significantly longer. You’re looking at a minimum of three to six months, and sometimes even up to a year or more. I’ve seen custody modification cases take years because they can be just as heavily litigated and emotionally charged as the original divorce or custody case. Understandably, parents get very protective when it comes to their children.
If you’re considering a custody modification, ensure you understand the legal standard and how it applies to your specific situation. Compare the facts with the law and see if you have solid grounds to move forward. That’s where we come in. If you’re considering modifying custody, please give us a call. We’ll sit down, go through the details of your case, and figure out whether modification is justified—whether by agreement or through a contested process.
Schedule Your Low-Cost Strategy Session Today
My name is Carl Birkhead. I’m a Tulsa child custody attorney with the Wirth Law Office, and I want to help you make law easy. Call us at 918-879-1681 to schedule a strategy session to discuss your custody modification needs.
