Understanding Visitation Rights and Custodial Responsibilities
Hello, my name is Dillan Savage of Wirth Law Office – Oklahoma City. Today we are going to be discussing the custodial parent’s responsibility to facilitate visitation with a non-custodial parent. In Oklahoma, this responsibility is codified in statutory law under Title 43 Section 111.3, which is titled Duty to Facilitate Visitation, Interference with Visitation Rights of Non-Custodial Parent and Motion for Enforcement.
This statute outlines the obligations of the custodial parent to help ensure that visitation occurs for the non-custodial parent. Additionally, it provides guidance on what actions can be taken if the custodial parent fails to facilitate that time. Ultimately, it is the duty of the custodial parent to adhere to the court’s orders and allow the non-custodial parent to have their court-ordered time with the minor child.
Addressing Safety Concerns
You may have questions about what to do if the court has ordered custodial time but you believe the other parent is engaging in behavior that poses a danger to the child. In such cases, it is possible to file for emergency custody to prevent the child from being placed in harm’s way. Both custodial and non-custodial parents have a fundamental duty to protect their children from situations that could cause them irreparable harm.
If you find yourself in a situation where the custodial parent is withholding the child without just cause, the next step would be to hire an attorney and file a Motion to Enforce Visitation. This legal action informs the court of your custodial rights and requests enforcement of the court order that allows you to see your children.
Potential Outcomes of Legal Action
If the court determines that there was no valid reason for the custodial parent to withhold visitation, they can order the return of your attorney’s fees associated with the enforcement action. Furthermore, the court has the discretion to reevaluate custody arrangements based on the facts presented, which could result in changes to custody or visitation rights. Ultimately, the court’s primary concern will be the best interests of the child involved.
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If you have questions or concerns regarding visitation rights or custodial responsibilities, consider reaching out for a low-cost consultation. Call us at 405-888-5400 to discuss your situation and explore your options today!
