Legal Question in Family Law in Oklahoma
Motion to Modify
I am needing to know how to file a motion to modify, visitation or custody. I have recently recieved joint custody and have been aware that it isn't working with there mother, they are mentally and physicaly assulted. How do I file this motion?
1 Answer from Attorneys
Re: Motion to Modify
You must file in the same court in which the divorce was granted; in fact, it must go to the same judge. Go to that courthouse, find the clerk, ask them what needs to be done procedurally. You may, however, encounter some issue if your ex-wife contests the motion (often is the case), in which case I'd suggest you consider getting an attorney as you'll want to have some legal argument and precedent in support. Courts don't easily or automatically make such orders without some legal support; i.e., courts are hesitant to limit or remove parental rights.