Using a Motion to Modify for Custodial Orders
So, what else can you do with the parent who is not going to follow the visitation order? My name is Brian L. Jackson, I’m a Tulsa father’s rights lawyer here with Dads.Law, where fathers are not disposable. And today I want to talk about another option to deal with the parent who won’t follow the custodial order, which is the motion to modify.
Failure to follow a court order is grounds for modification, which is considered a material change in circumstance and it certainly impacts the best interest of the children. Generally speaking, alienation and behavior that denies them a relationship with the other parent for no good reason is considered contrary to their best interest and that would be a reason why you might consider filing for custody.
Generally with this, you need to, again, you’re talking about where you’re talking about long-term pattern behavior. One or two missed visits, theoretically, yes, you could file a motion to modify, but it’s probably not going to get you what you want because, certainly not if you’re trying to change custody, because the reality is the court’s probably going to be like, okay, well, that’s a one-off. But if you’re talking about somebody who’s habitually engaged in this behavior, then yeah, you may have grounds and that might work. And it is certainly an option to consider along with your motion to enforce along with your contempt.
Complicating Factors and Preparing Your Case
Now, there are some complicating factors in play here because if you’re talking about long-term behavior pattern and you may be that you haven’t seen the children in a while, that’ll come up and maybe that the kids, if they’re older, maybe saying they don’t want to see you or they may not know you because they haven’t seen you in years. And her attorney, if they’re smart, is going to raise those arguments and you need to be prepared for that. And I’m going to talk in my next video about how specifically you’re going to combat that and make your case, but the long and short of it is this is not going to be a simple walk in the park even if she’s like a really egregious screw-up with no excuse. So be aware of that.
And this is where you need good counsel, again. And one place you can find a good Oklahoma child custody attorney is at Dads.Law, where fathers are not disposable.
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If you are facing difficulties with enforcing custodial orders and need legal guidance, we offer a free consultation. Contact us to schedule your consultation and let us help you navigate through this challenging situation.