Muskogee Lawyer BlogFour Things to Avoid During a Muskogee Child Custody Case

child custodyChild custody and child support will be determined in court during a Muskogee, Oklahoma divorce. A judge will usually rule to involve both parents in their children’s lives.

This, even the divorcing parents of minor children must find ways to relate amicably in regard to the children. This is something each parent must work on if they plan to continue seeing their children. Some blunders made during the child custody hearing are likely to be used as evidence against the parent at fault.

To ensure you continue to see your children after the end of your divorce proceedings, be sure to comply with any temporary orders issued.

Here are four things to avoid during your Muskogee child custody case.

Child Custody Mistake #1

Refusing to allow the other parent to visit, unless there is an emergency that would put the child at risk.

Facing your spouse in court may be stressful enough. Meeting them out of court for custody exchanges may be something you feel you can avoid.

However, resist the temptation to disregard the temporary orders regarding your spouse’s visitation or custody rights. The other parent must be allowed to see the children as stipulated in the temporary orders.

Refusing the other parent court-ordered visitation could hurt your case and help their case. You will also face the consequences of defying a court order.

However, a parent can refuse their spouse visitation if they suspect the children are being abused or are in circumstances in which they can be harmed when with their other parent. The concerned parent can file a motion in court under a certificate of urgency to deny the other parent visitation.

However, there must be evidence such as a police or Oklahoma Department of Human Services (DHS) report confirming the suspected abuse or the presence of an environment in which the children can be harmed. If such reports are not available, the motion must be accompanied by an affidavit from an individual who is aware of the harm to which the children are exposed when with their other parent.

A court will uphold a parent’s right to protect their offspring if that parent can prove the children are at the risk of being abused or are being abused.

However, if the allegations leveled against the other parent are found to be fabricated, the consequences are severe. The parent that lied can spend up to six months in county jail as well as suffer other penalties such as fines.

Mistake #2

Not exercising visitation rights.

The court will not understand that you were too offended during the divorce proceedings and decided to waive your visitation rights. No reason for staying away from your children will be good enough for the court to disregard if your spouse decides to use your absence against you.

If your partner requests a modified visitation schedule, the court will listen to him or her if you have been absent.

Thus, you must continue to visit with your children and be involved in their lives after your separation from your spouse. Your involvement will work in your favor if you intend to continue to see them. Also, you may receive more visitation time when the final divorce order is issued.

Child Custody Mistake #3

Arguing with your spouse over more visitation time.

Avoid getting into arguments with your spouse over visitation time. It would be great if you and your spouse could agree on visitation time. Such a casual arrangement would work well, as a court won’t interfere to overturn it.

But if your spouse will not allow you the requested extra time with the children, stick with the court-ordered schedule. Getting into arguments with your spouse aggravates an already stressful situation and can worsen the battles in court.

Seek the intervention of the court if you really must see your children more, but your spouse will not allow it.

Mistake #4

Showing up late for exchanging custody.

Being even a few minutes late can be rather harmful to your already strained relationship with your spouse. If you are hours or days late to pick up or bring back the children, your spouse could seek the intervention of the court.

If your spouse wants to modify the custody schedule, your habits of tardiness could be used as evidence against you.

Hence, you must always show up on time for custody exchanges.

Free Consultation: Muskogee Family Law Attorney

If you are concerned about a child custody matter, consider talking to one of the best family law attorneys in Muskogee, OK. We are skilled in Muskogee family law.

Call an experienced Muskogee family law attorney today at 918-913-0725 or toll free at 1-888-Wirth-Law (1-888-447-7262.) and get expert legal advice.

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