Official Motion for Enforcement of Non-Custodial Parent Visitation Rights for use in an Oklahoma divorce action.
Official Motion for Enforcement of Non-Custodial Parent Visitation Rights for use in an Oklahoma divorce action.
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If you already have a Court Order for visitation in your Divorce Decree or Paternity Decree, then you can cite your ex for Contempt of Court for denying your visitation, and you may also file a Motion to Enforce your visitation rights. The Oklahoma law on a Motion to Enforce Visitation is found at 43 O.S. 111.3.
Doing it yourself: You can write up court papers yourself and file them with the court clerk, asking that the judge set a hearing to decide if a modification of child support will be ordered. You should always talk to a lawyer and have your paperwork reviewed before you do this.
In order to modify your custody order in Oklahoma, a ?Motion to Modify Custody Order? must be filed, typically with the same court from which the custody order was issued. In this motion, you must present the reason you believe the modification should be granted.
However, a custodial parent cannot legally deny visitation to the non-custodial parent without a valid court order. If you believe your child is in immediate danger, seek legal advice as soon as possible. At Cannon & Associates, we have been helping Oklahoman citizens with family law issues for over 30 years.
Oklahoma law contains a rebuttable presumption that any child 12 years of age or older can provide a preference for either parent. However, the court will consider additional evidence in a custody and visitation order. The court will always base its final decision on the child's best interests.