Child Support and Visitation: Separate Legal Issues Intertwined Emotionally
You may find yourself in a situation in which you are paying child support but not allowed visitation. These two issues can seem like a single issue to the parent paying support. Emotionally, it is difficult to pay support for a child that you long to see but cannot.
But legally, child support and visitation are separate issues. There are things you can do if you are paying child support but not allowed visitation. It helps to understand what the issues are and what you want out of a situation. In all cases, it is helpful to get the help of a Wagoner family law attorney in solving the problem.
What you choose to do will depend on your circumstances and what court orders are in place. Just remember that if child support has been ordered, you may not withhold child support even if your ex denies visitation. These are two separate matters.
Enforce Court Orders Already in Place
The first thing you want to do is enforce any court orders already in place regarding visitation. An ex can deny visitation in varying ways. For example, your ex may make it logistically difficult to see the child. Your ex may take the child away on days that you are scheduled for visitation or simply not answer the door when you arrive to pick up your child.
Start keeping all communication regarding missed visits and the circumstances. These communications can be texts, emails, or letters. Lay a “paper trail.” If your ex takes the child away on a scheduled visitation day, make sure to communicate with your spouse about the issue.
Communicate clearly and without rancor. You will use these communications to support a motion to enforce the existing court order (Okla. Stat. tit. 43 § 111.3). Talk to your attorney to help you understand exactly what is involved.
A hearing on the motion will usually be heard fairly quickly, within 21 days or so. If granted, the court can give you additional visitation to make up for the visitation that has been improperly denied. In Oklahoma, the law requires that the custodial parent help facilitate visitation.
At the hearing, the court may change the visitation schedule, so you should be aware of your upcoming schedule and other obligations. The court can make any change that it thinks is appropriate, including ordering one or both parents into counseling. If you are successful in the motion, your ex will likely be ordered to pay your attorney’s fees and costs as well.
Bring a Citation for Contempt
Courts dislike it when their orders are not followed. If you already have a visitation order issued by the court, you can seek a contempt citation. This is a quasi-criminal proceeding. Because of that, there are due process considerations that must be adhered to. This can make a contempt citation more costly and less time effective.
However, contempt proceedings carry statutory punishments. An offending parent risks up to six months imprisonment upon conviction and a fine of up to $500. As such, this can grab your ex’s attention. This may be enough for your ex to begin to comply with the court’s order.
No Visitation Orders? Get Some in Place
If you have no orders in place to establish your visitation rights, you will need to get court orders in place. So, if your child was born out of wedlock, you will need to establish paternity and then ask the court for visitation rights. These are two separate proceedings before the court.
If paternity has been established already, either through an Acknowledgment of Paternity form or through a paternity lawsuit, you only have to ask the court for visitation. Once the orders are in place, your ex will have to comply with the court’s orders.
These proceedings are complicated. You will need legal guidance to get the orders that you want so you can see your child. An experienced Wagoner child custody attorney can help.
Initial Strategy Session with a Wagoner Child Custody Attorney
Wirth Law Office – Wagoner offers its clients the best possible child custody and visitation representation in the Wagoner, Oklahoma area at reasonable rates. If you or someone you know is involved in a child custody issue or visitation dispute in the Wagoner, Oklahoma area, the Wagoner child custody attorneys at Wirth Law Office – Wagoner invite you to schedule a initial consultation to discuss what they can do for you. Contact Wirth Law Office – Wagoner at (918) 485-0335 to schedule your low-cost strategy session. You can also fill out the form at the top of the page.
