Domestic Violence in Oklahoma
Oklahoma has a number of statutes on the books that are meant to protect children from domestic violence. Sometimes, children witness domestic violence.
Other times, they are the victims of domestic violence. Having a domestic violence conviction can make things dicey for a parent seeking custody or visitation with their child.
Sometimes, a parent will take a plea deal on a domestic violence charge. For any plea deal, you should always make sure that you understand the possible ramifications of the plea deal.
A plea deal is a conviction on a lesser charge. But if the lesser charge is domestic violence, you need to know what the ramifications are. Here are some things you might want to know.
What is an unfit parent?
Being deemed an unfit parent has ramifications affecting a parent’s ability to be with their children. When one parent is determined to be “unfit,” the other parent is usually granted custody of the child. An unfit parent is believed to create an unsafe living situation for a child.
Oklahoma Law on Domestic Violence Convictions and Custody
Custody cases can be extremely contentious. Sometimes spouses make up allegations of domestic violence to gain leverage in a custody dispute. It is unfortunate when this happens. If this is happening to you, you want to get legal help as soon as possible.
Under Oklahoma law, custody, guardianship, or visitation will not be granted if doing so will likely expose the child to a foreseeable risk of material harm.
Oklahoma family law courts are required by law to consider evidence of domestic violence and abuse including allegations and convictions in custody, guardianship, and visitation cases (Okla. Stat. tit. 43 § 112.2).
A conviction within the past five years creates a rebuttable presumption that it is not in the best interests of the child for the convicted parent to have custody. Evidence can be introduced to rebut and overcome a presumption.
Overcoming a presumption means that you have to provide enough compelling evidence that custody would still be in the child’s best interests. This will require specialized legal help from a Wagoner family law attorney. This is not a thing you should handle on your own.
How a Domestic Violence Conviction Can Affect Visitation
Oklahoma law states that in cases of custody, guardianship, or visitation, the court must consider evidence of domestic abuse, including a domestic violence conviction, if that is brought before the court.
If the occurrence of domestic violence is established by a preponderance of the evidence, there is a rebuttable presumption that it is not in the best interest of the child for that parent to have custody, guardianship, or unsupervised visitation (Okla. Stat. tit. 43 § 109.3).
Supervised visitation is always an option and one you should pursue while handling the ramifications of a conviction. Try to always have continuing contact with your child. It is important to everyone. It also shows the court that you are willing to continue to pursue all avenues available to you.
Evidence to overcome the presumption can be admitted with the help of an experienced Wagoner child custody attorney. This is a sensitive area in the interplay between law and fact. Don’t try to go it alone.
Visitation Can Be Suspended
In certain circumstances, a court can suspend visitation. In cases where there is evidence that shows suspected or confirmed child abuse or neglect, a court can suspend visitation altogether (Okla. Stat. tit. 43 § 111.4).
Furthermore, your ex can refuse visitation if he or she believes in good and reasonable faith that the child is suffering from the effects of domestic violence or is the victim of domestic violence.
Before you agree to any plea deal, make sure you understand the possible ramifications. If you have already been convicted, there may still be things you can do. An experienced Wagoner child custody attorney can give you advice tailored to your specific situation.
Initial Strategy Session with a Wagoner Child Custody Attorney
Wirth Law Office – Wagoner offers its clients the best possible child custody representation in the Wagoner, Oklahoma area at reasonable rates. If you have been convicted of domestic abuse and still want to have visitation or custody rights to your child, speak to an experienced Wagoner child custody attorney.
The attorneys at Wirth Law Office – Wagoner invite you to schedule a initial consultation to discuss what they can do for you. Call (918) 485-0335 or fill out the form at the top of this page.
