Tulsa Child Custody Attorneys-Visitation And Custody Rights

by Zach Waxman on February 7, 2013

Why Custodial Parents Should Be Supportive of the Other Parent’s Visitation in Oklahoma

Because the Tulsa Oklahoma divorce process and other Oklahoma child custody disputes can have a detrimental impact on children, Oklahoma Family Law provides safeguards designed to protect children from the impact of custody and visitation disputes between parents. Oklahoma Family Courts use the “best interest of the child standard” as the test for initial child custody and visitation orders, as well as parental relocation’s and child custody modifications because family courts in Oklahoma are committed to preventing behavior that makes the process more difficult for minor children.  This focus of the law and orientation of family law judges in Oklahoma is why a parent that has primary custody should be magnanimous toward the other parent in terms of facilitating visitation.

The best interest of the child standard as applied in Oklahoma specifically makes a parent’s efforts to frustrate or otherwise interfere with the visitation of the other parent a factor in both initial child custody and visitation orders as well as in Oklahoma Child Custody modification proceedings.  While there are exceptions, such as where there are parental fitness issues because of substance abuse, physical abuse or similar factors, a parent’s non-cooperation with the other parent in facilitating contact or visitation may be a factor that results in a change in custody.  When either parent’s behavior in obstructing the other parent’s visitation results in alienation of the parent-child relationship, this type of activity is even more likely to provide a legal basis for a change in custody.

In Hoag vs. Hoag, the father had custody of the child and refused to allow the minor child to receive clothing and birthday cards from the boy’s mother.  The father’s behavior resulted in some degree of alienation of the mother-child relationship, and the child began calling the mother by her first name rather than referring to her as “mom.”  This conduct that undermined the relationship between the child and mother provided a basis for a modification in custody.  When custody must be modified because a custodial parent refuses to cooperate with efforts to exercise visitation by the other parent, the non-custodial parent may also be awarded court costs and attorney’s fees incurred in seeking the change in custody.

The fundamental point to keep in mind is that a parent who is awarded primary physical custody of his or her minor child should be gracious and accommodating about providing access to the other parent.  Because divorce or the breakup of unmarried parents usually comes with harsh feelings, it can be challenging to avoid derogatory comments or interference with the other parent’s visitation.  However, parents that are unable to respect the relationship of their child with the non-custodial parent risks the possibility of a child custody modification.

Our Tulsa Oklahoma family law attorneys are committed to effectively reaching workable solutions for our family law clients and their children.  We understand that major life changes like divorce can be extremely stressful and difficult.  Our Tulsa Oklahoma child custody lawyers are committed to being part of the solution not part of the problem. The Family Lawyers Group Tulsa Family Law Attorneys offer a free consultation so that we can assess your situation and advise you of your options.  We invite you to contact an Oklahoma divorce lawyer from the Family Lawyers Group at (918) 742-3555 or fill out the form Ask A Legal Question

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