Understanding When to Return to Court with Your Ex or Co-Parent
When do you have enough evidence to take your ex or your co-parent back to court? Hi, my name is Carl Birkhead. I’m a Tulsa family attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by just talking a little bit about when and how you can expect to be ready to go back to court.
Recognizing a Material and Substantial Change
If you’re unhappy with your custody arrangement, modifying it requires proving a material and substantial change in circumstances that negatively affects your child. Simply improving your situation isn’t enough. You need to demonstrate that the existing arrangement is not in your child’s best interest due to significant changes.
Such changes could involve the other parent moving to a different city, changes in their lifestyle that affect your child, or any other factor that has a considerable impact on your child’s well-being. It’s crucial to gather solid evidence to support your claim in court.
Documenting Interference and Building a Case
If the other parent is consistently interfering with visitation, phone calls, or undermining your role, document everything—small issues add up over time. Keep a detailed record of instances where the agreed-upon custody terms were not followed. This includes missed visitations, denied phone calls, or any other interference.
Stay patient and organized. Bring all your records to your attorney as these will be key in building a strong case. The consistency and thoroughness of your documentation can make a significant difference in court proceedings.
Knowing When to Take Action
When the evidence is strong enough, that’s when you act. A well-documented history of issues and a clear demonstration of a substantial change in circumstances will prepare you for the next legal steps. It’s important to consult with your attorney to evaluate whether you have reached this point.
If you need guidance, call me. My name is Carl Birkhead, and I’m a Tulsa child custody lawyer with Wirth Law Office. I want to help you make law easy. Contact me at 918-879-1681 to discuss your situation and explore your options.
Schedule Your Initial Strategy Session
If you’re unsure about what steps to take next, consider setting up a low-cost initial strategy session. During this session, we can review your evidence, discuss your concerns, and plan your next moves. Call us at 918-879-1681 to schedule your session and take the first step towards ensuring the best outcome for your child and yourself.
