When to Block Visitation
Suspecting that your child is being abused or neglected by your ex can be one of the most stressful things that a parent can face. During a divorce and for some time after, emotions are raw and tender. We need to know and believe that our children are safe with our ex during visitation.
But if you begin to suspect that your child is actively being abused, neglected, or placed at risk, there are things you can and should do as a parent, including asking the court to block visitation.
Here is a scenario that can lead to ramifications such as a block on visitation. Your ex has the children for the weekend. They have gone camping in the mountains and were due back by 8pm Sunday. Eight o’clock comes and goes and you call your ex’s cell phone but he doesn’t respond.
You fall asleep and get a call at 2 a.m. from law enforcement telling you that they have the children, and that it appears your ex had given them alcohol to put them to sleep while he was driving. Your ex was picked up for drunk driving coming down off the mountain. He put your children in danger.
In Oklahoma, a court may deny visitation due to child abuse or neglect. A court is guided first and foremost by the best interests of the child when it comes to issues regarding visitation. Usually, a court will want to make sure that a child has a continuing relationship with both parents. Children need to feel the continuing presence of both parents. But a court must step in sometimes to protect a child’s safety when a parent puts their child at risk.
How to Block Visitation
A parent who suspects that their child is at risk with their ex must file a motion with the court. Visitation may be blocked if the parent, acting reasonably and in good faith, believes that the child is at risk or is actively being harmed by the other parent. The belief must be supported by fact.
A parent can file a motion for an emergency custody hearing. This motion is usually drafted by an experienced child custody attorney. It must contain all the relevant facts laid out clearly and concisely. It must also have documented support attached to it.
Usually, this support comes in the way of a police report or a report about the abuse from the Department of Human Services. If a report is not available, you can attach a notarized affidavit from an eyewitness or person who otherwise has personal knowledge about the abuse.
The report or affidavit needs to show that the child is being placed at risk or is in danger of being harmed, and if the conditions continue, the child will likely experience irreparable harm.
A court is required to act quickly, within 72 hours. If a court is unable to hear the matter that quickly, the parent may present the emergency motion to the presiding judge of the judicial district, who will conduct the hearing within 24 hours.
Emergency Measure to Block Visitation
A concerned parent’s emergency motion is a serious matter for the court. The court can issue emergency orders to protect a child even if there are no current orders in place regarding custody or visitation. Those orders will stand until a court can put more permanent orders in place.
Have an Attorney Draft the Motion
These motions deal with a sensitive issue. Blocking visitation due to safety issues is a serious matter. If a court determines that the motion contains false allegations, it can not only deny the motion, it can order that the moving party pay all costs, attorneys fees, and other expenses incurred by the other side as a result of the motion. It can also send the moving party to county jail for up to 6 months and order a fine of up to $1,000 for failure to pay costs and fees.
Your Wagoner family law attorney can make sure that the motion is clear and concise, accurate, and contains the necessary supporting documentation. Get the help you need to protect your child.
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 suspect that your child is in danger when your ex has visitation, our skilled attorneys can help you take the necessary action to ensure your child’s safety.
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.
