Legal Question in Family Law in Oklahoma
Violation of Joint Custody Agreement
Exspouse is in violation of Joint Custody Agreement ''Neither party shall permit a person with whom he/she may be romantically involved but to whom is not married to spend the night in his/her dwelling or other sleeping location while chilren are present''. He would not agree to take this out of the agreement but has his girlfriend living with him. He is also in violation of the ''Demeaning other parent infront of children and using children as intermediary''.
What steps do I need to take? I don't want him in jail but I want the ''sleppover'' issued addressed and taken out of agreement and I want the demeaning stopped. He has admitted to telling the kids bad thing about me and talking about the divorce to them and say he will continue to do so. Please help.
1 Answer from Attorneys
Re: Violation of Joint Custody Agreement
Thank you for your question. I am not sure I understand what you want concerning the sleep-over part of the divorce decree. As I understood, you did not want it in and he did, but he is violating it and now you want it removed. If this is the case, you should petition the court to modify the decree to remove the language on sleep-overs. I don't know what the judge will do since his concern should be what is best for the children rather than the parents. And many courts believe the sleep-over prohibition is best for the kids. If you decide to cite him for contempt in violating the order, it will probably force the issue and he may agree to a modification taking out the prohibition. I would doubt that he will go to jail but he may. As the law says, "the keys to the jail are in his hands". He can obey the court or he can go to jail. His choice. As concerns the demeaning comments and placing the kids in the middle, I would cite him for that also and request that he be required to re-attend parenting classes or counseling. If he refuses, you might seek a change of custody.