Oklahoma Custody Modification Agreement

CUSTODY MODIFICATION AGREEMENT

State of Oklahoma — District Court

Case No.: [________________________________]
Judicial District: [____] Judicial District, State of Oklahoma
County: [________________________________] County

PART I — PARTIES AND BACKGROUND

1.1 Identification of Parents

Petitioning Parent (Moving Party):
Full Legal Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]

Responding Parent (Non-Moving Party):
Full Legal Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]

1.2 Identification of Minor Child(ren)

1.3 Original Custody Order Being Modified

• Title of Original Order: [________________________________]
• Date Entered: [__/__/____]
• Court: District Court of [________________________________] County, Oklahoma
• Case Number: [________________________________]
• Judge: The Honorable [________________________________]

1.4 Basis for Modification — Material Change in Circumstances

Under Oklahoma law, a custody order may be modified only upon a showing of a permanent, substantial, and material change in circumstances that directly affects the child's best interests. See Gibbons v. Gibbons, 1968 OK 77. The moving party must demonstrate both (1) that changed conditions exist and (2) that the child would be better served by the proposed modification in terms of temporal, mental, and moral welfare.

The Parents agree that the following constitutes a material change in circumstances warranting this modification:

☐ Change in custodial parent's employment, work schedule, or financial circumstances
☐ Change in custodial parent's living situation (new residence, cohabitation, remarriage)
☐ Child's changed educational needs (school change, special education, gifted program)
☐ Child's changed medical or mental health needs
☐ Child age 12 or older has expressed a preference regarding custody (43 O.S. § 113)
☐ Completion of supervised visitation requirements / rehabilitation program
☐ Relocation of a parent beyond 75 miles (43 O.S. § 112.3)
☐ Domestic violence, substance abuse, or safety concern (43 O.S. § 109)
☐ Non-compliance with existing order by one or both parents
☐ Military deployment or return from deployment (43 O.S. § 150.6)
☐ Other: [________________________________]

Detailed description of changed circumstances:
[________________________________]
[________________________________]
[________________________________]

PART II — OKLAHOMA STATUTORY FRAMEWORK

2.1 Governing Law

This Modification Agreement is governed by Oklahoma Statutes Title 43, including but not limited to:

• 43 O.S. § 109 — Best interest of the child standard; joint custody provisions; rebuttable presumption against custody to perpetrators of domestic violence, stalking, or harassment
• 43 O.S. § 112 — Care and custody of children; modification standards
• 43 O.S. § 112.3 — Relocation notice requirements (75-mile / 60-day rule)
• 43 O.S. § 113 — Child's preference (rebuttable presumption that child age 12+ is of sufficient age to form an intelligent preference)
• 43 O.S. § 107.2 — Mandatory parenting education program (COPE or equivalent)
• 43 O.S. § 111.1A — Standard visitation schedule and advisory guidelines (AOC Form 76)

2.2 Best Interest Standard

Oklahoma does not enumerate a statutory list of best-interest factors but grants the court broad discretion to consider what appears to be in the best interests of the physical, mental, and moral welfare of the child (43 O.S. § 109(A)). The court must give primary consideration to the safety and well-being of the child and of any parent who is a victim of domestic violence (43 O.S. § 109).

2.3 Domestic Violence Presumption

If either parent has been determined by the court to have committed domestic violence, stalking, or harassment, there is a rebuttable presumption that sole custody, joint custody, or any shared parenting plan with the perpetrator is detrimental to the child and not in the child's best interest (43 O.S. § 109). This presumption applies to this modification.

☐ Neither parent has a history of domestic violence, stalking, or harassment.
☐ A protective order under the Oklahoma Protective Order Act (22 O.S. § 60 et seq.) has been issued against [________________________________]. The rebuttable presumption under 43 O.S. § 109 applies and has been addressed as follows: [________________________________]

2.4 Mandatory Parenting Education

Under 43 O.S. § 107.2, all parties in custody modification actions involving children under 18 must complete a court-approved educational program concerning the impact of separate parenting on children (e.g., COPE, Children in Between, or equivalent).

☐ Both parents have completed the required parenting education program.
☐ Parent A completed on [__/__/____] — Provider: [________________________________]
☐ Parent B completed on [__/__/____] — Provider: [________________________________]
☐ Parents are ordered to complete the program within [____] days of court approval.

PART III — MODIFIED CUSTODY PROVISIONS

3.1 Legal Custody Modification

Original Arrangement: ☐ Joint Legal Custody ☐ Sole Legal Custody to [________________________________]

Modified Arrangement (select one):

☐ Joint Legal Custody — Both parents share decision-making authority for major decisions (education, non-emergency medical care, mental health treatment, religious upbringing, extracurricular activities). Decisions shall be made by mutual agreement after good-faith consultation. If parents cannot agree, the matter shall be submitted to mediation before seeking court intervention.

☐ Sole Legal Custody to [________________________________] — This parent shall have exclusive authority to make all major decisions. Basis: [________________________________]

☐ Divided Decision-Making — Decision-making authority is allocated as follows:

• Education decisions: [________________________________]
• Medical decisions: [________________________________]
• Mental health treatment: [________________________________]
• Religious upbringing: [________________________________]
• Extracurricular activities: [________________________________]

3.2 Physical Custody / Parenting Time Modification

Original Arrangement: [________________________________]

Modified Arrangement (select one):

☐ Joint Physical Custody — The child(ren) shall reside with each parent on a substantially equal basis pursuant to 43 O.S. § 109, with the schedule set forth in Section 3.3 below.

☐ Primary Physical Custody to [________________________________] — The child(ren) shall reside primarily with this parent. The other parent shall have parenting time as set forth in Section 3.3 below.

☐ Primary Physical Custody Change — Physical custody is transferred from [________________________________] to [________________________________], effective [__/__/____], because: [________________________________]

3.3 Modified Parenting Time Schedule

Regular Schedule During School Year:

Parent A's parenting time:
[________________________________]
[________________________________]

Parent B's parenting time:
[________________________________]
[________________________________]

Exchange times and locations:

• Weekday exchanges at: [________________________________]
• Weekend exchanges at: [________________________________]
• Exchange time: [________________________________]

Summer Schedule (if different from school year):
[________________________________]
[________________________________]

☐ The Oklahoma Standard Visitation Schedule (AOC Form 76 / 43 O.S. § 111.1A) shall apply as a minimum baseline, with the following modifications: [________________________________]

3.4 Modified Holiday Schedule

Holidays supersede the regular parenting schedule. Parents shall alternate as follows:

3.5 Child's Preference (43 O.S. § 113)

☐ Not applicable — No child is age 12 or older.

☐ The following child(ren) age 12 or older have been afforded the opportunity to express a preference regarding custody, as permitted under 43 O.S. § 113:

• Child Name: [________________________________], Age: [____]
• Preference expressed: [________________________________]
• The court has considered this preference along with all other best-interest factors. The child's preference is one factor and is not binding on the court.

☐ A parent has rebutted the presumption that the child is of sufficient age to form an intelligent preference because: [________________________________]

3.6 Modification of Supervision Requirements

☐ Not applicable — No supervised visitation in original order.

☐ Supervision Modified:

• Original requirement: [________________________________]
• Modified to: [________________________________]
• Basis for modification (e.g., completion of treatment, demonstrated stability): [________________________________]
• Oklahoma DHS-approved supervised visitation program used: [________________________________]

☐ Supervision Added:

• Visitation shall be supervised by: ☐ Professional supervisor ☐ Approved family member: [________________________________]
• Location: [________________________________]
• Reason: [________________________________]

PART IV — RELOCATION PROVISIONS (43 O.S. § 112.3)

4.1 Current Geographic Restrictions

☐ No geographic restrictions in original order.
☐ Original order restricts residence to: [________________________________]

4.2 Relocation Notice Requirements

Under 43 O.S. § 112.3, any parent who intends to relocate the child's principal residence more than 75 miles for a period of 60 days or more must provide written notice to the other parent by certified mail at least 60 days before the proposed relocation.

The notice must include:

1. The intended new residence, including specific address (if known)
2. The mailing address (if different)
3. The home telephone number (if known)
4. The date of the intended move
5. A brief statement of specific reasons for the proposed relocation
6. A proposal for a revised schedule of visitation

4.3 Relocation Provisions in This Modification

☐ This modification does not involve relocation.
☐ This modification addresses a relocation as follows:

• Relocating parent: [________________________________]
• New address: [________________________________]
• Distance from current residence: [____] miles
• Required notice was provided on: [__/__/____]
• Revised parenting time schedule: [________________________________]

Failure to provide relocation notice may be considered by the court in any future modification proceeding and may result in assessment of reasonable costs and attorney fees (43 O.S. § 112.3).

PART V — COMMUNICATION AND CO-PARENTING

5.1 Communication Between Parents

Parents shall communicate regarding the child(ren) through:
☐ Direct communication (phone, text, email)
☐ Court-approved co-parenting application (e.g., OurFamilyWizard, TalkingParents)
☐ Communication limited to written form only due to: [________________________________]

5.2 Parent-Child Communication

The parent not exercising parenting time shall have reasonable telephone and/or video communication with the child(ren) at the following times: [________________________________]

5.3 Information Sharing

Both parents shall have full access to school records, medical records, dental records, and other records pertaining to the child(ren) unless restricted by court order. Each parent shall provide the other with copies of report cards, medical information, school schedules, and extracurricular activity information within a reasonable time of receipt.

5.4 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren). Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent.

5.5 Right of First Refusal

☐ Not applicable.
☐ If the custodial parent is unavailable to care for the child(ren) for more than [____] consecutive hours during that parent's scheduled parenting time, that parent shall first offer the other parent the opportunity to exercise additional parenting time before arranging third-party care.

PART VI — PROVISIONS UNCHANGED

All provisions of the Original Custody Order not expressly modified herein remain in full force and effect, including but not limited to:

☐ Child support provisions (or as separately modified)
☐ Health insurance obligations
☐ Tax dependency exemptions
☐ Educational expense obligations
☐ Extracurricular activity provisions
☐ Other: [________________________________]

PART VII — DISPUTE RESOLUTION

7.1 Mediation Requirement

Before filing any motion to enforce or further modify this Agreement, the parents shall attempt mediation with a qualified Oklahoma family law mediator, except in cases involving:

• Allegations of domestic violence, stalking, or harassment
• Emergency situations threatening the child's immediate safety
• Violation of a protective order under 22 O.S. § 60 et seq.

7.2 Arbitration (Limited)

Disputes regarding interpretation of this Agreement (excluding custody and visitation determinations, which remain within the court's exclusive jurisdiction) may be submitted to binding arbitration pursuant to 43 O.S. § 109, which authorizes the court to appoint a disinterested arbitrator knowledgeable in domestic relations law and family counseling.

7.3 Forum and Jurisdiction

All proceedings to interpret, enforce, or further modify this Agreement shall be filed in the District Court of [________________________________] County, Oklahoma, [____] Judicial District.

PART VIII — REPRESENTATIONS AND ACKNOWLEDGMENTS

By signing below, each parent represents and acknowledges:

☐ This modification is entered into voluntarily, without coercion, duress, or undue influence.
☐ Each parent has had the opportunity to consult with independent legal counsel.
☐ The described material change in circumstances is truthful and accurate.
☐ This modification serves the best interests of the child(ren).
☐ Each parent has disclosed all material information relevant to this modification.
☐ Except as disclosed herein, neither parent has pending criminal charges, DHS investigations, or protective order proceedings that would affect custodial fitness.
☐ Both parents have complied with or are in the process of completing the mandatory parenting education requirement under 43 O.S. § 107.2.

PART IX — SIGNATURES

IN WITNESS WHEREOF, the parents have executed this Custody Modification Agreement.

Parent A / Moving Party:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Parent B / Responding Party:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF OKLAHOMA )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], being first duly sworn upon oath, state that I am the ☐ Petitioner ☐ Respondent in the above-captioned matter, that I have read the foregoing Custody Modification Agreement, and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________
Printed Name: [________________________________]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_________________________________
Notary Public, State of Oklahoma
My Commission Expires: [__/__/____]
Commission Number: [________________________________]

ORDER OF THE COURT

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF OKLAHOMA

Case No.: [________________________________]

The Court, having reviewed the foregoing Stipulated Custody Modification Agreement, and being fully advised in the premises, finds:

1. The Court has jurisdiction over the parties and the subject matter herein.
2. A permanent, substantial, and material change in circumstances has occurred since the entry of the original custody order.
3. The proposed modification serves the best interests of the minor child(ren) within the meaning of 43 O.S. § 109.
4. Both parents have completed or are enrolled in the mandatory parenting education program required by 43 O.S. § 107.2.
5. The Agreement was entered into voluntarily by both parents.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the foregoing Custody Modification Agreement is hereby approved and incorporated into the orders of this Court. The modified custody provisions shall be effective as of [__/__/____].

IT IS SO ORDERED this [____] day of [________________________________], 20[____].

_________________________________
Judge, District Court
[____] Judicial District
[________________________________] County, Oklahoma

SOURCES AND REFERENCES

• 43 O.S. § 109 — Best Interest of Child; Joint Custody; DV Presumptions — OSCN
• 43 O.S. § 112 — Care and Custody of Children; Modification — Justia
• 43 O.S. § 112.3 — Relocation Notice Requirements — Justia
• 43 O.S. § 113 — Child's Preference; Age 12 Rebuttable Presumption — OSCN
• 43 O.S. § 107.2 — Mandatory Parenting Education — Justia
• 43 O.S. § 111.1A — Standard Visitation Schedule; Advisory Guidelines — Justia
• 22 O.S. § 60 et seq. — Oklahoma Protective Order Act
• Gibbons v. Gibbons, 1968 OK 77 — Material change in circumstances standard for custody modification
• AOC Form 76 — Oklahoma Standard Visitation Schedule — OSCN Forms
• Oklahoma District Courts — OSCN