I reside in Oklahoma. What is the remedy available for me to ensure my visitation rights on my minor children?
Full Question:
I reside in Oklahoma. My wife is having custody of our minor children of 3 and 5 years of age. For the past one month, she is denying me the visitation rights. What is the remedy available for me to ensure my visitation rights?
01/16/2017 |
Category: Divorce ยป Visitation |
State: Oklahoma |
#30280
Answer:
“A. Any order of the court providing for visitation shall contain a provision stating that the custodial parent has a duty to facilitate visitation of a minor child with the noncustodial parent.
B. When a noncustodial parent has been granted visitation rights and those rights are denied or otherwise interfered with by the custodial parent, in addition to the remedy provided in subsection B of Section 111.1 of this title, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights. The motion shall be filed on a form provided by the court clerk. Upon filing of the motion, the court shall immediately set a hearing on the motion, which shall be not more than twenty-one (21) days after the filing of the motion.
C. Notice of a hearing pursuant to subsection A of this section shall be given to all interested parties by certified mail, return receipt requested, or as ordered by the court.
D. If the court finds that visitation rights of the noncustodial parent have been unreasonably denied or otherwise interfered with by the custodial parent, the court shall enter an order providing for one or more of the following:
1. A specific visitation schedule;
2. Compensating visitation time for the visitation denied or otherwise interfered with, which time shall be of the same type (e.g. holiday, weekday, weekend, summer) as the visitation denied or otherwise interfered with, and shall be at the convenience of the noncustodial parent;
3. Posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting visitation rights;
4. Attendance of one or both parents at counseling or educational sessions which focus on the impact of visitation disputes on children;
5. Supervised visitation; or
6. Any other remedy the court considers appropriate, which may include an order which modifies a prior order granting child custody.
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