Understanding Visitation Modifications in Oklahoma
When can you modify your visitation schedule in Oklahoma? I’m Tulsa family law attorney James Wirth. That’s the question that we have, and it goes mostly to this case from the Oklahoma Court of Civil Appeals, Swiney v Villanueva. It is 2021 OKCIV APP 3-7, and it deals with what the standard is to modify visitation.
The Gibbons Standard and Visitation Modifications
When seeking a modification involving children, courts often apply the Gibbons standard, which requires proving a substantial, material, and permanent change in circumstances that directly impacts the child’s best interest — making them substantially better off if the change is granted. This is a high bar to meet, as the court examines what has changed since the last order and whether that change justifies a modification.
A key legal question in this case was whether the Gibbons standard also applies to visitation modifications as it does to other custody changes.
Title 43, Section 112A3 and its Impact
Ultimately, the court clarified that Oklahoma law does not require the Gibbons standard for visitation modifications. Instead, Title 43, Section 112A3 gives the court the authority to modify visitation whenever circumstances make the change proper — a lower standard than Gibbons.
In this case, a father had supervised visitation with specific requirements to complete before seeking more time. He met those requirements, but the opposing side argued he hadn’t met the high Gibbons standard for modification. However, the court ruled that because the judge anticipated modification upon completion of those steps, the lower statutory standard applied.
Why Hiring a Tulsa Visitation Attorney Matters
If you’re seeking to modify or contest visitation, you must show that circumstances have changed since the last order, but you don’t have to prove a substantial, material, and permanent change. Given the complexity of these cases, consulting a Tulsa visitation attorney is crucial to understanding your legal options.
Schedule Your Initial Strategy Session Today
To discuss your visitation modification options, consider scheduling a low-cost initial strategy session. Call our office at 918-879-1681 to speak with an experienced attorney, or visit our website at MakeLawEasy.com. We are here to guide you through the process and help you achieve the best outcome for your family.
