If you’re wanting to deny visitation because of overnight guests, the process can be complex but isn’t impossible. Visitation rights ensure that children maintain strong and healthy relationships with both parents, even after a paternity case, divorce or separation. However, disputes often arise when one parent is concerned about the other parent’s behavior during visitation, particularly regarding overnight guests. In Oklahoma, the answer depends on various factors, including the circumstances of the case and best interests of the child.
Understanding Visitation Rights in Oklahoma
In Oklahoma, the court prioritizes the best interests of the child when determining custody and visitation arrangements. The court typically encourages both parents to remain involved in their child’s life, unless there is a compelling reason to limit one parent’s access.
Visitation rights are generally established through a court order, and both parents are expected to adhere to the terms. Any attempt to deny visitation without court approval can lead to legal consequences, including contempt of court charges.
Concerns About Overnight Guests
Overnight guests during a parent’s visitation time can be a sensitive issue. This is the case particularly if the guest is a new romantic partner the other parent deems inappropriate to be around the child. While it’s natural for a parent to have concerns, denying visitation based solely on the presence of an overnight guest is not easy.
Some custody agreements or court orders may include a “moral clause” or “cohabitation clause.” This prevents overnight guests of the opposite sex who are not related by blood or marriage during visitation. Oklahoma law also prohibits someone whose former spouse is still living from remarrying within 6 months of a divorce being finalized, unless remarrying the person they divorced.
The Best Interests of the Child
When considering denial of visitation due to overnight guests, the focus should always be the best interests of the child. If there is a legitimate concern that the overnight guest poses a danger to the child—such as a history of criminal behavior, substance abuse, or violence—it may be appropriate to seek a modification of the visitation order. However, any decision to deny visitation should be made with a family law attorney to avoid potential legal repercussions.
If you believe that your child’s well-being is at risk due to an overnight guest’s presence, you have legal options. You can file a motion with the court to modify the visitation order to include a moral clause or restrict overnight guests. The court will evaluate the evidence and determine whether such a modification is necessary to protect the child’s best interests.
It’s important to note that the court will not modify a visitation order based on unfounded or speculative concerns. There must be credible evidence that the overnight guest poses a genuine risk to the child’s safety or well-being.
Consequences of Denying Visitation
Denying the other parent’s visitation rights without court approval can lead to serious legal consequences. The court may find the denying parent in contempt, which could result in fines, loss of custody, or a modification of the visitation arrangement in favor of the other parent.
Moreover, denying visitation without a valid reason can harm your credibility in court and potentially your relationship with your child. The court may view this as an attempt to alienate the child from the other parent.
Tulsa Custody Attorneys
In Oklahoma, you generally cannot deny visitation solely because of the presence of overnight guests during the other parent’s visitation time, unless there is a court order or clause that explicitly restricts such guests. The best approach is to prioritize the child’s well-being and seek a legal remedy if you have legitimate concerns about the safety or appropriateness of the overnight guest.
If you find yourself in this situation, it is crucial to consult with a family law attorney. They will guide you through the process and help protect both your rights and the best interests of your child. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.