Child Custody

Are you letting the mother of your child cancel visitations just because the child is sick? Tulsa Dads.Law attorney Clint Hastings discusses fathers’ rights in parenting and encourages dads to step up and take care of their children during sickness. He advises fathers to insist on exercising visitation rights and not automatically canceling visits when a child is ill. By standing firm and, if necessary, filing a motion to enforce visitation, fathers can ensure they are involved in their child’s care even during illness. It’s important to exercise parental rights and be actively involved in all aspects of parenting.

Can you have sole legal custody over your child even though the child lives with the mother most of the time? Yes, you can have sole legal custody of your child even if the child primarily lives with the mother. Legal custody is about making the major decisions for your child, not about being present day-to-day. For example, you could have the authority to decide where your child goes to school—whether public or private. One important point: sole legal custody doesn’t mean you ignore the other parent. If you need help with this or any other family law matter, give us a call and we’d be glad to help.

So it’s your scheduled visitation time, and the child’s mom calls to say your child is sick and won’t be coming. What happens then? Can you make up the visitation, or can you enforce your right and demand that the child comes? Let’s talk about it.

This issue comes up often—kids get sick, and the question is whether mom has the right to decide if the child should miss visitation when you’re willing and able to care for them. Parenting includes caring for your child when they’re sick, and you have the same ability to do that.

Is it harassment to keep trying to contact your kids if their mother is telling you not to? The answer is—it depends, like so many things in family law. The key issue is why she’s telling you not to contact the kids. Do you have orders that allow you to contact them? And is your communication actually causing a reaction that qualifies as harassment under the law? For example, if you have phone visitation orders and she’s not allowing you to use them, I would advise against repeatedly calling. Don’t take chances. Abide by her request, then address the issue properly in court by filing a motion to enforce.

Guys, you would be shocked at how much litigation arises over something as simple as diaper rash. I see it all the time—accusations that your diapering or cleansing is inappropriate and has caused a rash, sometimes even alleged to the level of abuse. This can happen for many reasons: You haven’t taken the time to learn how to properly change a diaper. Diaper rash happens frequently for a variety of reasons, and your ex may not understand that. Or, your ex may simply be nitpicking, looking for anything to interfere with your time with the child. Honestly, I see this last one most often.

Handling other scheduled events during visitation time with a young child can be a common challenge for divorced parents. While both parents should participate, it’s essential for the non-custodial parent to have bonding time with the child. It’s okay to prioritize certain events and politely decline others that may interfere with visitation time. Striking a balance between attending important family gatherings and dedicating quality time with your child is key. Remember, judges understand the limitations of visitation schedules and won’t criticize reasonable decisions regarding outside activities. If you’re facing a similar situation, seeking legal advice can provide valuable guidance on navigating these issues effectively.

When a child doesn’t want to visit, the situation can be challenging. Attorney Clint Hastings focuses on fathers’ rights and has been practicing for 25 years. If there are no abuse allegations, filing a motion to enforce visitation depends on the child’s age. In Oklahoma, the mother must not actively block visitation for a motion to be proper. Therapeutic intervention may be a better route, adapting to the child’s age and needs. As children get older, their input becomes crucial, and repairing strained relationships should be a priority. For complex legal matters, seeking solid advice is advisable.

Navigating the tricky situation of who pays for baby items post-divorce can be overwhelming. Tulsa Dads.Law attorney Clint Hastings shares insights on what to consider. When your ex keeps the baby gear, it doesn’t always mean you’re on the hook to buy everything new. Joint funds or gifts can muddy the waters on who foots the bill. Focus on setting up your home for visitation, not costly legal battles. Remember, spending big on lawyers may not be worth it. Seek equitable solutions and keep the focus on what’s best for everyone involved.

Do you have to buy a brand-new car seat? The first golden rule is this: don’t spend more in attorney’s fees fighting over a car seat than it would cost to just buy one. All you are legally required to do is have a car seat that meets safety standards and passes muster. Once you have a safe and compliant car seat, Mom doesn’t have much of an argument. Fighting over which brand or model to buy usually just wastes time and money.

Bright lede: So, you’ve had weekend visitation with your children. You’re taking them back Sunday evening—5, 6, 7, or 8 o’clock. Do you have to feed them dinner?
Summary: Dad doesn’t feed the kids, brings them back hungry, and mom has to scramble to feed them before bed and school the next day. Should you be feeding them? In general, yes. If you have the children during regular mealtimes—like dinner—you’re expected to feed them. If it happens consistently, she could bring it up, and a judge might order that the children should be fed before returning home.

As a father, dealing with complaints from an ex about your kids sleeping on the way home can be frustrating. It’s important to consider the impact of disrupted sleep routines on your children, but ultimately, you need to be reasonable and try to reach an agreement with your ex. In most cases, this issue probably isn’t worth taking to court. If you’re already going through a divorce, you may want to address this in temporary orders or during the final hearing. Remember, it’s your visitation time, so do your best to navigate this issue and focus on what’s best for your kids.

Concerned about the safety of your car and how it may impact visitation rights with your children? Clint Hastings, a Tulsa attorney specializing in fathers’ rights, breaks down the factors at play. Whether it’s the type of vehicle you drive or its condition, there are legal considerations to keep in mind. While issues like a convertible or a raised truck might not be enough to withhold visits, safety hazards within the car could present a stronger case. Addressing these concerns promptly is key to prioritizing your children’s well-being and avoiding potential legal battles. Remember, it’s best to resolve issues directly before they escalate.

Trying to figure out what your reimbursement should be for transportation costs related to child visitation? The IRS standard mileage reimbursement rate is $0.70 per mile, covering gas, maintenance, insurance, wear and tear, and depreciation. Other rates may be considered, but most fall within the same range. Reimbursement may also be based on parties’ share of combined income, not automatically split 50/50. If there’s an imbalance in transportation costs, it’s worth calculating and deciding whether to pursue reimbursement. If costs are fairly balanced, many don’t bother with mileage calculations. Contact Tulsa visitation rights attorney Clint Hastings for guidance on this issue or similar matters.

One family member has been covering all the driving for visitation exchanges and now wants reimbursement from the ex. The question arises of whether this can be retroactively transformed into a reimbursable service. If both parties agree, an order can be put in place, but if not, the court will need to consider if the driving is a recurring obligation and consistent in distance, frequency, and cost. Documentation of mileage, dates, and drivers will be needed to seek partial reimbursement. It’s important to consider the IRS mileage reimbursement rate of $0.70 per mile and the pro rata share of each party before pursuing this further.

So, you’ve been doing most of the driving for visitations for quite some time, and your custody order or decree doesn’t have any provisions about transportation. Now you’re wondering—this has added up to a large expense over the years. Maybe you’ve done the majority, or even all, of the transportation for the past two or three years. I see this all the time.

The answer, in most cases, is probably no. I would say it’s a hard no if you’re simply asking for reimbursement with no other context.

When relocation happens, transportation costs can be split in various ways, often depending on the circumstances of the move. For instance, if the relocation occurred after the divorce decree or if one party objected to the move, transportation arrangements are often negotiated as part of a settlement. If no agreement is reached and the matter goes to court, a judge will typically order transportation costs to be split. However, plane ticket prices can vary widely depending on how far in advance they are purchased. You should also consider the proportionate share of combined income, which is used in child support calculations.

When it comes to transportation costs for visitation, it’s important to understand the options available. Reimbursement for extra miles driven can make a significant impact on your overall expenses. Whether you’re handling all the driving or sharing the responsibility, knowing the guidelines can help you navigate this aspect of co-parenting more effectively. Calculating the reimbursement based on income proportions and utilizing the IRS mileage rate can provide a clearer picture of what to expect. Don’t hesitate to address these details with the other parent or seek legal advice if needed. Clarifying transportation arrangements can lead to a more equitable and manageable situation.

So, your ex wants to move with your child because her new husband has a job opportunity in another state. Will the judge approve this? A judge may consider this move to be made in good faith, particularly if it’s based on the new husband’s opportunity for better employment. If the new job would improve the family’s financial situation—including your ex’s and potentially your child’s—that could be seen as a legitimate reason for relocation. As the other parent, you still have the right to object to the move on the grounds that it is not in the child’s best interest.

So your ex has been allowed by the court to relocate to another state. Does this change jurisdiction for future court matters? The short answer is no—relocation does not automatically change jurisdiction, as long as you remain in Oklahoma. Under the law, Oklahoma retains exclusive continuing jurisdiction so long as one parent continues to reside in the state, even if the child has relocated with the other parent. However, over time, jurisdiction could potentially shift. For example, if 10 years pass and your ex and the child have fully established their lives in the new state—meaning the child’s doctors, therapists, teachers, and other relevant witnesses are all located there—your ex may petition to transfer jurisdiction. The argument would be that Oklahoma is no longer a convenient forum for litigation, and the new state would be more practical for handling future legal matters.

In this video, attorney Clint Hastings discusses the grounds for modifying custody when an ex-wife wants to relocate with your child. Simply moving alone is not enough to switch custody, but multiple relocations by the custodial parent could warrant a change. Objecting to a relocation can lead to a hearing, where the best interest of the child is considered. Factors such as the negative impact on the child may influence a custody decision. While the move itself may not be sufficient, a history of instability caused by relocations could be grounds for a custody change. Contact Hastings for assistance with relocation issues.