Don’t Let Visitation Fights Damage Your Parental Rights
One of the most destructive things a parent can do is withhold visitation rights in Tulsa, Oklahoma. Most of the time, this is done out of anger toward the other parent. Sometimes this is done to gain leverage by the other parent. Whatever the reason it is destructive and unfair and causes extreme harm to the relationship between fathers and their children.
How To Enforce Visitation Rights In Tulsa
There are things you can do to enforce visitation rights. Property enforcing visitation rights is important. If your children’s mother is refusing to allow visitation, contact Tulsa fathers rights attorneys as soon as possible. This is tantamount to a legal emergency.
Time is of the essence. The longer you are denied access to your children, the greater the risk of alienation from your children. This is especially true with very young children. They need consistent contact.
The longer you wait to deal with a visitation problem, the more difficult it will be to enforce your rights. If you let enough time go by without taking action, you could lose your rights. It is a terrible situation when this happens to fathers and their children. This is something you want to handle right away.
A Visitation Rights Attorney Can Help
Nothing is more frustrating than going through a divorce and then having your ex-spouse refuse to allow you to see your children. If that has happened to you, want to take steps immediately to remedy the situation. There are two separate paths you can take legally to enforce visitation. Both have their advantages, and you should speak to a men’s child custody lawyer in Tulsa about both of them.
Motion To Enforce Visitation Rights
The court orders visitation when children are involved. Courts do not like to have to enforce these orders, but they are more than willing to do so when those orders are disregarded. An aggressive litigator is key.
A motion to enforce existing visitation orders is filed in the family court. Courts do not like it when their orders are disregarded. As a result, courts will not only issue an order to enforce the ordered visitation, but it may also order your ex-spouse to pay all costs and attorneys’ fees associated with having to bring a motion to enforce the court’s order.
The court can also order her to resume visitation and can give you additional visitation time with your children to make up for the time denied to you. In extreme cases, the court may make changes in custody as a result of your ex-spouse’s behavior.
However, if you are looking to change custody, you should talk to your attorney about filing a motion for modification of custody. It is usually better to ask the court directly for the remedy you seek. You may be able to get a hearing sooner on a motion to enforce visitation than on a motion for modification. And time is important in these cases.
Contempt Of Court
It is possible to request what is known as a contempt of court citation when your former spouse ignores the court’s visitation orders. Contempt of court usually results in actual punishment by the court. This punishment can be in the form of fines, attorneys’ fees and costs, and even jail time.
Contempt of court citations usually take longer to prosecute. However, these citations carry a distinct message that you are not fooling around.
There are quasi-criminal proceedings that carry a right to a jury trial. As such, the proceedings take time and that usually means they are more expensive for you to prosecute. It may be advantageous for you to pursue both remedies at the same time. In either case, you will need the help of an experienced attorney as soon as possible.
Continue To Make Attempts And Document Everything
It is so important that you continue to make attempts at visitation. Send birthday cards, call, text, and record conversations if at all possible. Oklahoma is a one-party consent state, so you can record your phone calls with your ex-spouse without her permission.
You want to show the court that you continue to attempt meaningful contact with your children. In the legal world, proof is everything. Without proof of attempted and continued meaningful contact, you could lose your rights as a father down the road.
Continue Child Support Payments
Child support and visitation are two very separate things. It is crucial that you continue to pay child support regardless of your ex’s denial of your right to visitation. This cannot be stressed enough.
Failure to pay child support only shows the court that you are willing to abandon your child. Continued support payments show the court that you are taking every step to support and maintain your relationship with your child.
Your ex can bring a motion to enforce child support. That motion is more likely to be heard quickly, as support is a grave responsibility to the child.
The court is likely to be unsympathetic to a motion to enforce visitation if the father has stopped paying child support. In fact, you can be jailed for failure to pay child support if your spouse brings a contempt citation.
This is unfair. But your job is to take care of your children and to protect your rights. It is best to play this one smart.
So, work carefully with your attorney. Whether that involves taking every step laid out by your attorney or whether that means being careful and patient, it is important to continue efforts, continue your responsibilities, and continue to fight assertively to protect your rights.
Free Consultation With A Tulsa Visitation Rights Attorney
Enforcing visitation rights is an important part of protecting your parental rights. Arguments over visitation can escalate into situations that reflect badly on you as a parent. Keep it away from the children. Take the fight to court. Contact a Tulsa visitation enforcement attorney at 918-962-0900 or send a message by clicking the consultation button anywhere on this site.