What Are My Options When The Custodial Parent Withholds Visitation in Oklahoma

In the complex landscape of child custody law, few issues evoke more emotional turmoil and legal entanglements than disputes over child custody and visitation rights. Oklahoma has established laws and procedures to address these matters fairly and in the best interest of the child. However, when a custodial parent withholds visitation from the non-custodial parent, it can have serious consequences, both legally and emotionally.

Legal Custody Framework in Oklahoma

In Oklahoma, the legal framework for child custody and visitation is governed by state statutes and judicial precedents. The primary consideration in any custody or visitation dispute is the best interest of the child. Courts typically presume that frequent and continuing contact with both parents is in the child’s best interest, unless evidence suggests otherwise.

Withholding Visitation: Legal Implications

When a custodial parent refuses to allow the non-custodial parent court-ordered visitation rights, they are in violation of the custody order. In such cases, the non-custodial parent has legal recourse to enforce their visitation rights. They can petition the court for enforcement of the visitation order, seeking remedies such as makeup visitation, modification of the custody arrangement, or even contempt of court charges against the custodial parent.

Court Enforcement Remedies

1. Makeup Visitation: Courts may order makeup visitation to compensate for the missed time. This can include extending future visitation periods or scheduling additional visitation time to make up for the withheld visitation.
2. Modification of Custody: Persistent violations of visitation rights may warrant a modification of the custody arrangement. If the custodial parent consistently denies visitation without valid reasons, the court may deem it necessary to modify custody to ensure the child’s best interest.
3. Contempt of Court: When a custodial parent willfully and repeatedly violates a court order, they may be held in contempt of court. Contempt proceedings can result in fines, sanctions, or even jail time for the violating parent.

Some Defenses and Exceptions

While withholding visitation without valid reasons is generally not permissible under Oklahoma law, there are exceptions and defenses that custodial parents may invoke. These include concerns for the child’s safety or well-being during visitation, evidence of abuse or neglect or drug use by the non-custodial parent, or other extenuating circumstances that justify the withholding of visitation.

Custody Lawyers You Can Count On

When the custodial parent withholds visitation you have some options available. In Oklahoma, custodial parents have a legal obligation to facilitate visitation between the non-custodial parent and the child, as ordered by the court. Failure to comply with visitation orders can have serious legal consequences, including court enforcement remedies and potential modifications of custody. However, it’s essential to recognize that every case is unique, and legal advice tailored to the specific circumstances is crucial when navigating custody and visitation disputes. For a free consultation with a Tulsa family attorney at Kania Law Office call 918.743.2233.