If your child visitation is denied you have legal options. Oklahoma parents that have ended their relationship or filed for divorce must have an enforceable custody agreement in place. These become legally binding on both parents once a child custody order is signed by the district court judge hearing the child custody and visitation case. If one of the parents violates the order and child visitation is denied, without a legal reason, that parent is in contempt. This includes the custodial parent not allowing visitation after a temporary or final order is in place.
The custodial parent is not allowed to withhold visitation from the other parent regardless of the type of relationship between them. Generally, custodial parents withhold visitation rights in retaliation or as the result of an argument. However, they don’t realize that by doing so, they are hurting both the child and the non-custodial parent.
Reasons for Withholding Visitation in Oklahoma
These are a few instances in which the custodial parent may not allow the non-custodial parent to visit the child:
Feeling angry, slighted or bitter after the divorce is final
· Believing the non-custodial parent may not care for the child
Non-custodial parent doesn’t adhere to visitation schedule
· Non-custodial parent doesn’t pay child support
There is no lawful or good reason for a custodial parent to withhold visitation rights unless the child is at risk of harm. If one of the parent’s believes that allowing visitation as is ordered will put the child in danger that parent can file a motion to suspend visitation. They should not take matters into their own hands and deny the non-custodial parent visitation rights without looking to the Courts for help.
Denying Child Visitation Can be Costly
Withholding child visitation rights and not paying child support tends to hurt the other parent as well as the child. The welfare of the child is compromised in these cases. The family courts in Oklahoma punish that parent who is denying court ordered visitation.
If child visitation is denied or it has become a frequent problem, you must file a motion to enforce the custody and visitation order. Once you do this the Tulsa Family Court Judge will step in and force the non-compliant parent to uphold the child visitation schedule. The family court judge may also transfer the child’s custody to the non-custodial parent if the custodial parent frequently and consistently denies visitation.
Child Visitation Disputes in Oklahoma
In certain extreme cases, the non-custodial parent may end up keeping the child for a longer period than expressed in the visitation agreement. This may be done because the offending parent is getting more time than what’s in the order. This parent might think that this denial of visitation is a way of making up for missed time. Its understandable in some case but be careful. This can also end up in a contempt of court citation being filed.
Denying a non-custodial parent visitation can be a hurtful and emotional issue. Emotionally charged situations usually end up in rash, violent and harmful outcomes. These outcomes may harm all parties involved down the line, including the children.
Contempt of Court For Failing To Follow The Visitation Order
As we mentioned earlier, the offended parent can always file a motion to enforce visitation along with a contempt citation. In a contempt citation the person that files it is saying that the other parent is willfully withholding visitation. The party filing the citation ca also ask the Court to modify the custody order. This may be a means of punishing the guilty parent. In addition to modifying the custody order the court can also assess attorney fees and costs against the offending party.
Get a Free Consultation With a Child Custody Attorney in Tulsa
If your child visitation is denied we can help you. The team of child custody attorneys at Kania Law Office is dedicated to helping you. We are involved in all matters of family law. Get in touch with us today by calling at 918-743-2233 or using our online form.