_MICHELLE K. SMITH
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
.
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
.
Oklahoma Visitation FAQ
FREQUENTLY ASKED OKLAHOMA VISITATION QUESTIONS
Below are answers to questions frequently asked by men and women about child visitation in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this web site is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state. 1. What is standard visitation in Oklahoma? The standard visitation can vary from county to county, court to court or even judge to judge. For example one county's standard visitation could be every other Friday from after school until Sunday at 6:00 p.m. with a Wednesday overnight on the opposite week while another county's standard visitation schedule might be every other weekend from Thursday at 6:00 p.m. until Monday before school. Holidays usually alternate between the parents. Summer visitation is often a week on week off or two weeks on / two weeks off rotation. Some courts have a different kind of visitation for very young children known as an "infant visitation schedule". You can contact an attorney to find out if your county has a standard visitation schedule. If both parents agree, the parents can also make up their own visitation schedule. 2. Can I get more than standard visitation? Although most courts have a standard visitation schedule a court can award any visitation schedule it believes is in the best interest of the child. The standard visitation schedule is typically meant to be a minimum visitation schedule. Examples of other types of visitation a judge might order include week on / week off; every other Thursday evening through Monday morning; a three day / four day rotation or standard visitation to parent one during the school year and standard visitation to parent two during the summer. These are just some examples of possible visitation arrangements. 3. What kind of visitation will be ordered if one parent lives in another state? When one parent lives in another state, especially when that state is a long distance away, the normal visitation schedules won't work. Some courts have standard long distance visitation schedules but many courts create a visitation schedule on a case by case basis. Usually the long distance visitation will consist of longer summer visitation, more long weekends during the school year and possibly every spring or fall break. The Oklahoma Bar Association Family Law Section created a guideline with some suggested visitation schedules, including a possible long distance visitation schedule which you can view HERE. 4. What is supervised visitation and when is it ordered? In Oklahoma a judge may order supervised visitation if it is in the best interest of the child. Supervised visitation can be ordered for many reasons such as: when a parent hasn't established a relationship with the child; when a parent has committed domestic violence, when a parent has been abusing drugs or alcohol, when there is a concern the parent may leave with the child or when the child is an infant or very young and the parent has not learned how to care for the child. Visitation can be supervised by a relative, the other parent, a friend, a pastor, a supervision facility or a court approved private supervisor. If the parents cannot agree on who the supervisor should be the judge will select a supervisor. Supervised visitation will continue until the judge determines the condition that led to supervised visitation has been corrected. 5. Is it possible for a parent to receive no visitation? It is possible for a parent to not receive any visitation but that is very rare. Under the United States Constitution a parent has the right to be in his or her child's life. However, a judge has the authority to terminate visitation if visitation is not in the child's best interest. Sometimes a judge will order visitation to be supervised if there are concerns about the child being alone with the parent. 6. When can visitation be modified? Visitation can be modified at anytime if it is in the child's best interest and there has been a change of circumstance to justify the change. A parent must file a Motion to Modify Visitation with the court to begin the process. Even if the parents agree on the visitation modification it is a good idea to prepare an Agreed Order and have it filed in Court. If the parents have a agreement to change visitation that agreement cannot be enforced unless it is signed by a judge and filed with the court. 7. What if my husband / wife won't let me have my visitation time? If you have visitation ordered by an Oklahoma court or a court of any other state you have several options to enforce visitation including filing an Application for Contempt, a Motion to Enforce and a Writ of Habeas Corpus. Contact an attorney to determine the best way to proceed. 8. My husband / wife doesn't pay child support, can I stop visitation until they pay? No. Under Oklahoma law you should never withhold visitation simply because the other parent owes child support. If the other parent owes child support the correct action is to file contempt. 9. If I believe my child is in danger at the other parent's house can I withhold visitation? Under Oklahoma law you can withhold visitation if you reasonably believe your child will be in danger at the other parent's home. The danger must be serious and likely to happen to justify withholding visitation, such as drug use when the child is present. If you are aware of danger at the other parent's home and you do not take action to remove your child from the situation you could be charged with failure to protect your child if DHS or the police become involved. If the situation is serious enough to withhold visitation it is very likely you may need to file an emergency order among other actions so contact an attorney right away.
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