A parent that is using drugs and alcohol in Oklahoma could lose visitation. Learning that your child’s parent is taking drugs can be distressing, particularly when the individual has visitation rights with your child. Per Oklahoma law, children have a right to communicate and visit with their family, kin, and community regularly, as long as the communication or visitation is consistent with the child’s best interests. Courts can order visitation.
When your child’s parent abuses illicit substances or drives drunk with your child, it could negatively impact your child and go against their best interests. Yet, depriving your child of their other parent could also adversely impact them, and the best course of action likely depends on the circumstances. If you suspect your child’s parent is on drugs, and alcohol you should consider speaking with an attorney who can advise you on protecting your child.
Oklahoma Child Visitation Is About Best Interest
In Oklahoma parents have an obligation to facilitate visitation for each other. Courts are carful to view this kind of cooperation between parent to be in the best interest of the child. This may be the case but in those instance’s were one parent is creating danger to the children the other parent must protect their children from such dangers. If you give your child to the offending parent you may be found responsible for failing to protect. To avoid a failure to protect a parent can file a motion to suspend visitation. This motion is usually filed along with a motion to modify custody and visitation.
How Does Substance Abuse Affect The Child’s Safety?
According to Oklahoma law, the court may consider substance use in determining whether a child is safe with a parent or if that parent should lose custody. However, drug or alcohol abuse alone does not mean that a parent is abusive or neglectful. Yet, it is a factor that the court may weigh in determining the child’s safety.
Restricted And Conditional Visitation For Parents With Addiction Issues
In some cases, courts award conditional visitation to parents who have struggled with drugs or alcohol. Courts might order parents with alcohol or drug problems to avoid these substances as a condition of visitation and could require a third party to provide supervision. Indeed, courts can require the parent with addiction problems to undergo treatment and submit to drug testing to visit with their child. Failing to meet these requirements could result in the court further limiting visitation.
Over time, courts might broaden the parent’s visitation access after seeing evidence that the parent has improved and has achieved sobriety. Factors include the parent’s proof of treatment and therapy and the child’s wishes to see the parent.
Conversely, if the court determines that the parent has not met the conditions of visitation, it could limit visitation rights, depending on the circumstances of the case.
If the court has ordered that the parent of your child abstain from illicit substances to see your child, and you become aware that the parent is not complying, speak with your attorney. You might need to let the court know that your child’s parent has violated the conditions of their visitation so that the court can intervene and prevent visitation.
Considerations About Giving Visitation To A Parent Abusing Drugs
Upon discovering that your child’s parent is misusing substances, you might need to protect your child by informing the court. Documenting indications that your child’s parent is abusing alcohol or drugs could help you convince the court. You should also document evidence that your child’s parent is unsuitable and dangerous because of substance abuse. In certain cases, the court might take away visitation rights when the adult’s alcohol or drug abuse may impact your child’s best interests.
In severe cases where children are in danger, parents can file a restraining order and refuse visitation. Since every situation is unique, please speak to an attorney to learn more about your options. An attorney can help you navigate the Oklahoma legal system to protect your child.
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Tulsa Custody Lawyers Near You
Kania Law Office helps people in Oklahoma navigate child visitation requirements. If you are concerned that your child’s parent is misusing drugs, reach out to the office to learn more about how an attorney could assist you. A skilled Tulsa child custody and visitation lawyer can help you understand the laws and work with the court to help you protect your child. Call 918-743-2233 to schedule a free consultation or reach us online.
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Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of family & divorce attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.