Is withholding child visitation rights legal in Oklahoma?
Is withholding child visitation rights legal in Oklahoma?
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The custody laws in Oklahoma determine which of the parents will be given physical custody. The non-custodial parent is usually granted visitation rights unless there is some reason it is not in the best interests of the child. These reasons might include prior acts of domestic violence or alcohol and drug abuse.
Interfering With Visitation Rights
When a couple files for divorce, they often draft a parenting plan that outlines how each parent will share custody. Once this agreement is adopted by the family court, this is legally enforceable unless either parent petitions the court to have it modified. The plan often includes who will have the children during holidays, school breaks and summer vacation. If one parent has been awarded primary physical custody with the other given visitation, both parties must abide by this agreement.
If your visitation rights are being interfered with, you should start out by documenting each time this occurs. Make an effort to reschedule the visit whenever possible. If the problem persists, you may be able to go back to court and ask that custody be changed due to parental alienation.
Many people are under the misguided impression that when a non-custodial parent fails to pay child support, they have the right to withhold visitation. This is not the case and you could wind up paying your ex-spouses attorney’s fees if they take you back to court.
Getting Help From a Oklahoma Child Custody Attorney
If you are contemplating preventing your ex from court-ordered visitation, you need to speak with a family law attorney immediately. Whenever you believe that visitation may harm the child in some way, then it’s time to go back to court and make your case before a judge. If the evidence holds up, you could be granted sole custody with your ex being given supervised visitation.
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