Step-by-Step: How to Modify Visitation in Tulsa
To modify visitation you will need to show that it is in the best interests of the child. Here is the general roadmap:
1. Document Everything
Before filing, you need evidence. Keep a calendar of every missed visit, every denied request, and every text message exchange. If you are claiming your schedule has changed, have proof of the new schedule you and the mother are practicing.
2. File a Motion to Modify
Your attorney will likely file a Motion to Modify in the District Court where your original decree was issued (e.g., Tulsa County District Court). This motion explains to the judge exactly what has changed and what new schedule you are proposing.
3. Service of Process
You must legally notify the other parent. This is usually done via a private process server or certified mail. They generally have 15 days to respond.
4. Discovery
We will likely issue discovery requests to verify the facts surrounding the modification with the other party before proceeding to mediation or trial.
5. Mediation
Once we are satisfied with discovery, we will schedule mediation. Most judges will require us to attempt mediation anyway before setting a trial. This is a confidential session where a neutral third party tries to help you and the other parent reach a settlement.
6. The Hearing
If mediation fails, your case goes to a judge. This is where Dads.Law steps in to aggressively present your evidence, cross-examine the other party, and argue for the schedule that serves your child’s best interests.
Potential Outcomes
- Expanded Standard Visitation: Moving from “every other weekend” to a schedule that includes mid-week dinners or overnight stays.
- 50/50 Split: Many judges are moving toward equal time if both parents are fit and live near each other.
Make-Up Time: If you were denied visitation wrongfully, the court can award you extra time to “make up” for what was lost.
How Dads.Law Can Help Oklahoma Fathers
The system is supposed to be neutral, but many fathers still feel an implicit bias when they walk into a courtroom. At Dads.Law, we focus exclusively on representing men and fathers. We know the specific judges in Tulsa, Creek, Rogers, and Osage counties, and we know how to present a father’s case effectively.
We help you by:
- Filtering the Emotion: We help you focus on the legal facts that judges care about, rather than the emotional conflict with your ex.
- Drafting Precise Plans: We create detailed Parenting Plans that leave no room for loopholes or “gatekeeping” by the other parent.
- Aggressive Representation: If the mother is violating court orders or alienating the children, we take immediate legal action to hold her accountable.
Don’t Let Time Slip Away
Your children grow up fast. Every weekend you miss is a memory you can’t get back. If your current court order is broken, don’t wait for it to fix itself—it won’t.
Contact Dads.Law today to schedule your consultation. We will review your current decree, listen to your story, and give you an honest assessment of your options in Tulsa County.
Can I modify visitation if I owe child support?
Yes. In Oklahoma, visitation and child support are legally separate issues. A judge cannot deny you time with your child solely because you are behind on payments, and a mother cannot withhold the child for that reason. However, it is usually best to address both issues simultaneously.
Do I have to go to court to change the schedule?
If you and the mother agree on the changes, you may not need a full trial, but you should file the agreement with the court. An informal “handshake agreement” is not enforceable. If she changes her mind later, you have no legal backup without a signed order from a judge.
At what age can my child decide the schedule?
There is no “magic age” where a child gets to pick. However, Oklahoma law allows a child’s preference to be considered by the judge if the child is of sufficient age and intelligence to form a reasoned opinion. There is a presumption that a child who is 12 or older is of sufficient age and intelligence, and a court must consider the preference of such a child. However, the court is not required to follow the preference in making a decision.
How long does a modification take in Tulsa?
It varies. If you reach an agreement to modify visitation with your ex, we can get the agreement drafted and in front of the judge for approval within days. If the case is contested and goes to trial, it can take 6 months to a year.