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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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.
To modify a custody order you will need to file a Motion to Modify Custody Order with the same court where the initial custody order was issued. You will need to state why you want the modification and must show what you deem your permanent and material change in circumstance is for the court to consider your request.
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.