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Can parents deviate from the visitation schedule in Oklahoma City?

USAttorneys

Oklahoma City, OK – Parents going through a divorce in Oklahoma City are encouraged to come to a custody agreement before their separation is finalized. This agreement is commonly referred to as Parenting Plan, but in court, it may be called a Joint Custody Plan. This will include detailed information on child support, legal custody, and physical custody with a visitation schedule.

Experienced Oklahoma City child custody lawyers can help you prepare a suitable parenting plan that meets your wishes as well as the state guidelines.

What does a visitation schedule look like?

Under a joint custody plan, one party will be the primary custodian while the other gets visitation rights. Oklahoma courts favor joint custody agreements where the non-custodial parent gets ample visitation. 

Typically, the non-custodial parent will get to see the child on a weekday for a few hours and on every other weekend. If the parents live close enough, the other parent can pick up the child at the school gate on Friday and drop him or her off at the school on Monday morning. 

During summer breaks, the visitation schedule can be suspended if the non-custodial parent gets the child for an extended period.

Holidays and special days, like birthdays. Father’s Day, Mother’s Day, etc will also be included in the visitation plan. 

Can we deviate from the visitation schedule?

You can deviate from the visitation schedule, but only if you’re in agreement with your former spouse. For instance, if you decide the other parent should see the child on Tuesdays rather than Wednesdays, as was in the original plan, you can totally do so. Or you may want to switch weekends on occasion. This only works if you’re on civil terms and communicate well.

 As long as the parents are on the same page, the court won’t interfere. 

What happens if my ex won’t allow me to see the child?

If there’s a court order in place, your ex is not allowed to keep you from seeing your child. Likewise, if the non-custodial parent does not return the child on time, this is a violation of the custody order. Obviously, if there’s a storm or the child is unwell, this may constitute a reason to deviate from the visitation schedule.

Sometimes a parent may consider that a deviation from the visitation schedule is justified if the other is behind on child support. However, this is not allowed under the law.

At the same time, the parent who was ordered to pay child support may decide to stop the payments and give up their visitation rights. This is not acceptable in the eyes of the law. If the parent doesn’t want to see the child anymore, that’s their decision, but the kid must be provided for nonetheless.

When such violations of the custody order occur, a parent must talk to knowledgeable lawyers and file a petition with the court. The guilty party may be held in contempt of court for their behavior and fined. And they’ll still have to pay what they owe in child support.

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