Legal Question in Family Law in Oklahoma

Re: Regaining Custody

At least in my town of Austin, judges seem to be fairly amenable to "redemption". If she has truly cleaned up (this can be hard to prove) and if she can prove that there has been a material and substantial change in circumstances (the possible abuse could qualify) then she can file to modify the current order.

Modifications of custody can be expensive and difficult. She needs an attorney experienced in family law.

Re: Regaining Custody

She needs to obtain legal counsel at this point.

Re: Regaining Custody

Thank you for your question. Proving that someone is a changed individual due to their voluntary decision to get straight will focus on a number of factors including length of time since she was last using;change of lifestyle in other areas indicative of a true turnaround such as holding a steady job,paying her own way for rent, groceries, transportation etc. If all of these factors are positive in her favor and have been continuous for a significant period of time and can be proved then I would think that she would qualify as a fit parent to have the custody of her child. As for what the judge might consider a significant period of time nobody knows. It could be 6 months (unlikely); a year (possible); a year and a half (likely if a drug counselor were to testify that she shows promise for being a successful recovered addict. Next there will be the issue of showing that a substantial change in circumstances has occurred concerning the child's welfare such as would warrant a change in custody. The things you descibe as occurring to the child may be sufficient to show such a change or threat to the child's welfare.