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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First, parents may go to court (either on their own or with the help of an attorney) and ask a judge to enforce a child support order and make additional orders aimed at collecting payments. Alternatively, parents can go to the local child support enforcement office and ask for help.
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.
While the other parent cannot deny you visitation, he or she can enforce the child support order by filing a Contempt action against you that could lead to fines, jail or both. If you are at least trying to pay, you cannot be found in Contempt.
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.
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.