Legal Question in Family Law in Oklahoma
Custodial Parent's Rights Under Non-Marriage Visitation
What are the rights of my wife, the custodial (full) parent, who has 1) established paternity; 2) has allowed reasonable visitation according to OK statute; 3) has imposed restrictions upon the non-custodial father as to where and with whom the child (9 yr old boy) can be in the company of (father has a history of DUI's and alcoholism) and has denied the father the option of taking the child out of state. The father asserts that he can ''do whatever he wants'' since it is his visition time that is at issue.
As the step-father, I agree that the child should not be in the company of certain family members (on the father's side) due to the use of alcohol/unsafe practices in transporting the child to/from our home and other places (i.e. not using seat belts, transporting too many people in one vehicle & etc.).
Futher, the father has shown himself to be irreverant/irresponsible (and sometimes incompetent) in the care, transport and monitoring of the child during visitation.
What rights does my wife have in limiting what, with whom and how the child's father carries out visitation??? Any suggestions or general guidance on custodial parent rights?
1 Answer from Attorneys
Re: Custodial Parent's Rights Under Non-Marriage Visitation
In order to respond completely to your question, I would have to know if there has been any court ordered visitation. If there has not been, then there needs to be. Restricted, supervised and limited visitation can be requested and if the proper standards are met, can be ordered. If there hasn't been any court ordered visistation, then your wife is not legally obligated to allow any visitation at all.
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