Enforcing A Visitation Order in Wagoner County happens more often than people think. One of the most frustrating and heartbreaking situations a noncustodial parent can face is when the custodial parent refuses to give you your a court-ordered visitation schedule. If you have a legally binding visitation order in Oklahoma and the other parent is withholding your child, you have legal options to enforce your rights. In this family law article, we’ll explain how to enforce a visitation order in Oklahoma and some of the steps to can take.

Visitation Orders in Wagoner County

Visitation orders, also called parenting time orders, are issued by the court as part of a custody arrangement. They are often filed as part of a divorce or a paternity case. The visitation order establishes the minimum schedule for when the noncustodial parent may see their child. Once final, these custody and child visitation orders are legally binding. This means that both parents must follow the order or face consequences.

If the custodial parent is intentionally withholding visitation without a valid legal reason (such as child abuse or an emergency situation), they may be violating a court order, which can lead to a contempt citation and potential a change in custody.

What If The Custodial Parent Refuses Visitation

If the custodial parent is not following the court-ordered visitation schedule, here are the steps you should consider taking to enforce your rights:

1. Keep a Record of the Violations

Start by documenting each time the custodial parent denies you visitation. Include:

• Keep a log of everything related to the violation of the visitation order. The date and time the violation occurred.
• The reason given by the custodial parent (if any). If there isn’t a reason mark it in your log.
• Any written communication (text messages, emails, etc.) showing the refusal. Remember that the texts that you send are also being kept so prepare yourself accordingly.
• Witness statements, if applicable. The witness must be in court to testify. If not its considered a hearsay statement and wont be admissible.

Keeping a detailed record strengthens your case when you take legal action.

2. Communicate with the Custodial Parent

Sometimes, misunderstandings or scheduling conflicts can cause visitation issues. Try to resolve the issue by:

• Sending a polite but firm message reminding them of the court ordered visitation. This goes to what’s mentioned above about understanding that the other parent is keeping all your text messages.
• Offering to make up the missed visitation time. Making up visitation is what the court will order if the other parent is in contempt so don’t hesitate to ask for it.
• Back to keeping a log; Keep all written records of all communications.

If the custodial parent still refuses, do not retaliate by withholding child support—this can negatively impact your case in court.

3. File a Motion to Enforce Visitation

If informal communication fails, the next step is to file a motion with the court to enforce the visitation order. This is also known as a Motion for Contempt or Motion to Enforce Visitation Rights.

In Oklahoma, you can request the court to:

• Hold the custodial parent in contempt of court for violating the visitation order.
• Order make-up visitation to compensate for missed time.
• Modify custody arrangements if the violations are severe and ongoing.
• Impose penalties, such as fines or even jail time for repeated violations.

Once the motion is filed, the court will set a hearing date where both parents can present their case.

4. Attend the Court Hearing

At the hearing, you will need to show evidence that the custodial parent has repeatedly violated the visitation order. Your documentation of missed visits, communication records, and witness statements can help prove your case.

The judge may order make-up visitation, modification of the custody agreement, or punishments for the custodial parent, depending on the severity of the violations.

Consequences for Parent Withholding Visitation

The custodial parent can face serious legal consequences for violating a court-ordered visitation schedule, including:

• Being held in contempt of court – This can result in fines, community service, or even jail time for repeat offenses.
• Modification of custody – If a parent consistently refuses to follow the visitation order, the court may change custody arrangements in favor of the noncustodial parent.
• Make-up visitation – The court may grant additional visitation time to compensate for missed visits.
• Fines and penalties – The court may impose financial penalties on the violating parent.

Oklahoma courts take parenting time violations seriously because they recognize the importance of both parents being involved in a child’s life.

Protecting Your Visitation Rights is Important

If you are facing visitation interference in Wagoner County, you have legal options for Enforcing A Visitation Order and to maintain a relationship with your child. Don’t sit on your rights while your court ordered visitation withers away. You have lots of options from motions to modify custody on to making up the missed visitation with your child. The best approach is to document violations, attempt communication, and, if necessary, seek legal action.

Get Help From A Visitation Attorney Near You

Enforcing A Visitation Order in a divorce or paternity case shouldn’t be so hard. Regardless of how hard you try sometimes the other parent in a custody situation is just beyond reasonable. Time and time again you try to do the right thing and get your parenting time but with no luck. If you need help enforcing your visitation order, our Wagoner County custody attorneys help guide you through the legal process and ensure your parental rights are protected. For a free and confidential consultation with a family lawyers from Kania Law – Wagoner Attorneys call 918.283.7394. Or you can ask an online legal question by clicking the link.