What Can I Do If I Am Denied Visitation Rights or Custody?Putnam Law Office
After a divorce, visitation rights and partial custody for a parent who does not have full custody mean a lot to that parent. When a parent is denied the visitation rights or custody they were promised by the court, the natural response is to be angry or upset. This can happen when one ex-spouse refuses to cooperate with the orders issued by the court. However, you do not have to let this happen. Talk to an experienced Oklahoma Divorce Lawyer if you have been wrongfully denied visitation or custody rights with your child.
Denied Visitation Rights or Custody by Ex-Spouse
Different legal actions can be taken when your ex-spouse denies you the visitation or custody rights you were given after the divorce was finalized in court. These legal actions and remedies only apply if the child you want to visit or take care of for a certain length of time is under the age of 18. Adult children will be able to make their own decisions about which parent they want to live with and cannot be forced by the court unless there are criminal circumstances.
You may be eligible for certain remedies if you were denied these rights like damages for companionship and a loss of service. You may also be eligible for compensatory damages for the money you spent on attending the court hearings related to your denied rights or on locating your child. Attorney fees may also be reimbursed to you.
A motion for enforcement of visitation rights can be filed with the court, after which a hearing can be scheduled within 21 days after the motion was filed. The court will have to prove there was a visitation schedule in place and that visitation time was either interfered with or denied. Other factors may also be considered like assessing attorney fees, medication expenses, counseling or education for the parents or children, and supervised visitation.
Ways to Regain Visitation Rights
Visitation rights can be regained in two different ways, through the court or through talking with your ex-spouse. Talking with your ex-spouse to figure out why your visitation rights have been denied may be all it takes to regain those rights. Sometimes a simple scheduling conflict was the main reason, but other times, your ex-spouse may be non-cooperative. Mediation is another option for resolving differences.
However, if your ex-spouse completely refuses to follow court orders, you can file a contempt action with the court. To the court, this demonstrates that your ex-spouse refused to obey the court order. You can also talk to a lawyer about filing a motion to enforce visitation rights, which will mandate your ex-spouse to allow you visitation rights.
Divorce Lawyer in Oklahoma
Being denied the visitation or custody rights you were granted in family court can be a frustrating ordeal to handle. If this happened to you, try talking with an Oklahoma Family Lawyer about what your legal options are. Feel free to call the Putnam Law Office at (405)-849-4898 for a consultation today.