Wagoner Lawyer Blog How To Win Back Child Custody In Wagoner County

child custody in Wagoner CountyLosing custody of your child can be one of the most gut-wrenching experiences of a parent’s life. Sometimes, a parent loses custody because they are in the military in active service. Other times, a parent can lose custody because of a drug or alcohol problem. Sometimes, a parent moves away, and the court decides it is in the child’s best interests to remain with the other parent in a known and comfortable situation. Life changes and sometimes, custody does too. So, if you are seeking to win back custody of your child, you will need the help of an experienced Wagoner lawyer. Here is what you need to know about how to win back child custody in Wagoner County.

A Custody Modification Attorney Can Help

Winning back custody implies that you lost custody of your child at some point. It also means that there is already a custody order in place.

In some ways, winning back custody is more difficult than getting custody in the first place. Courts operate on the assumption that any order it makes is the best order that it can at the time, under all the facts and circumstances.

Courts do not like to undo orders. Divorce and custody decrees are final orders.

Instead, you can ask the court for a modification. A modification doesn’t ask the court to undo an order. If asks the court for a new order based on new facts. Absent new facts, you would have had to appeal the original order in a timely fashion.

How To Win Back Child Custody In Wagoner County

A motion for modification must be filed and heard in the court in which the original custody order was issued. Modifications are only granted under limited circumstances.

To be granted, there must be a permanent and substantial change in a person’s circumstances. The change in circumstances cannot be temporary and it cannot be minor. The change must be material enough to affect the best interests of the child involved.

That means the changed circumstances are no longer working in the child’s best interests. A modification would allow the child’s best interests to be served once again.

In the above examples, if custody was lost because of a drug or alcohol abuse issue, a parent would need to show they are clean and sober. They will need to show they are working actively on their recovery. Some judges may require the parent to have a certain amount of time clean and sober before granting a modification.

Likewise, modification can be granted to parents returning from the military. If custody was granted to the other parent because a military parent was on active duty outside the country, a court may grant a modification once the parent returns. Any modification must be in the best interests of the child to be granted.

Modifications can be difficult to obtain. You will need help. Before seeking a modification, it is best to consult with an experienced Wagoner child custody attorney about your particular circumstances. An attorney can advise you regarding whether in their experience, your particular circumstances might warrant a modification.

Free Consultation: Wagoner Divorce Attorney

When your marriage plans unravel, get the best legal counsel available. Don’t go it alone. Get an experienced, reliable Wagoner divorce attorney on your side.

Contact Wirth Law Office – Wagoner at 918-485-0335 today to schedule your free, no-obligation consultation.

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