Introduction:

When it comes to child custody arrangements, stability and the best interests of the child are paramount considerations. In the state of Oklahoma, the courts follow a well-established standard for modifying child custody arrangements. This standard, known as the Gibbons Standard, was established by the Oklahoma Supreme Court in a landmark case. In this blog, we'll delve into the Gibbons Standard, its significance, and how it continues to impact child custody decisions in the State of Oklahoma.

The Gibbons Case:

The Gibbons Standard derives its name from a significant legal case decided by the Oklahoma Supreme Court, Gibbons v. Gibbons, 442 P.2d 482 (Okla. 1968). In the case, the Court established a clear set of guidelines for modifying child custody arrangements. This landmark decision emphasized that child custody decisions should always prioritize the best interests of the child and ensure their well-being.

The Key Elements of the Gibbons Standard:

 The Gibbons Standard consists of several key elements that courts in Oklahoma consider when evaluating requests for modifying child custody orders:

1.  Material Change in Circumstances: To request a modification of child custody, the requesting party must demonstrate a material change in circumstances that has occurred since the previous custody order. This change must be substantial and directly impact the child's welfare.

2. Best Interests of the Child: Courts always prioritize the best interests of the child. Any proposed modification must show that the child's well-being will be substantially improved by the change in custody.

3. Burden of Proof: The burden of proof falls on the party seeking the modification. They must present evidence that supports their claim of a material change in circumstances and how it benefits the child.

4. Age and Maturity of the Child: The age and maturity of the child are taken into consideration. Younger children may have different needs and preferences than older ones, and these factors can influence the court's decision.

5. Non-Automatic Preference for Mothers: Unlike some older legal standards, the Gibbons Standard does not automatically give preference to mothers in custody matters.  The court will evaluate both parents based on their abilities to provide for the child's welfare.

6. Stability and Continuity: Courts aim to minimize disruptions in a child's life. If a proposed custody change would disrupt the child's stability or continuity, it may not be granted.

The Significance of the Gibbons Standard:

The Gibbons Standard plays a vital role in ensuring that child custody decisions in Oklahoma remain focused on the best interests of the child. It establishes a clear framework for evaluating modification requests, keeping in mind the changing circumstances of families over time. This standard emphasizes the importance of stability in a child's life and seeks to maintain their overall well-being.

Conclusion:

If you are considering going back to court to modify a current child custody order, you should give the attorneys at Brown & Flesch, PLLC a call at (405) 548-1970.  We have decades of experience handling child custody matters.