Legal Question in Family Law in Oklahoma
vistation denied, looking to modify
NCP has reasonable visitation, CP has alloted dates by email for visit,(2-3 weeks yr so far) Plane tickets purchased for dates she alloted. CP does not want child 11 to fly w/ NCPspouse of 7 years.(no problems between child & NCPspouse) changed plans per CP requests. If CP now refuses visit when NCP picks up child. Should we enforce visitation. OR would Modify be best since we are now out of state and CP refuses to let Child fly alone with paid supervision. Have set V.dates. NCP can not afford days missed of work to bring child back and forth. Child is now torn emotionally from loyalties to CP.
3 Answers from Attorneys
Re: vistation denied, looking to modify
You have not indicated whether the existing visitation is by order of Va. divorce court or whether from District JDR. If it was Divorce,
you really need a lawyer. If it is in JDR or can be remanded to JDR you might get enough help from Court personnel re modification of order. Litiagation is last resort. Both CP and NCP should attempt to resolve before a neutral arbitrator. On your motion, the Court might mandate neutral intervention. I would prefer
independent voluntary MEDIATION which is an important part of my practice.
Re: vistation denied, looking to modify
Refusing to allow the child to fly with your current spouse is, on its face, not reasonable,unless there are other signifcant factors militating against this form of transportation that would justify denying the visitation under these circumstances.
However, assuming that is not the case, I would send the custodial parent a letter, notifying her
that she has no valid reason to deny what I assume is court ordered visitation and, if she continues in this contemptible mode, that you will be required to bring the matter before the court to enforce your right of visitation.
Send the letter certified with return receipt requested and keep a copy at the ready in case either you or your attorney need to file a motion to enforce your right of visitation.
Re: vistation denied, looking to modify
Thanks for your question. Assuming that the divorce decree is from an Oklahoma Court, I would recommend that you file contempt and motion to modify after having an attorney contact the ex-wife and allowing a short, reasonable time for her to reconsider her actions. In the divorce decree is from a court near Tulsa, I could assist you. Visit urgentlegalcare.com