Noble, OK asked in Child Custody for Oklahoma

Q: Is it legal for me to deny father his visitation based on things the children have told me and being threatened by him?

Sexual behavior and random girls brought in and children made to be alone in the living room while dad and girls go in the bedroom. Once a girl came over who had kids and they stayed the night and my ex forced my youngest to sleep in the floor and give up his bed. He only gets the kids every other weekend and he threatened to get them in trouble or spank them if they told me about the girls coming over and him not being involved. He does not ensure they shower, change clothes, eat regularly while at his house.

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2 Lawyer Answers
Pete David Louden
Pete David Louden
Answered
  • Divorce Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: No attorney is going to tell you to violate a court order in a question and answer format such as this.

My suggestion is consult in private with attorney to discuss if modification of your order is an option. Don't make any legal decisions until you have gotten specific advice from an attorney. Best of luck!

Jessica Brown
Jessica Brown
Answered
  • Divorce Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: If you are concerned for your children's safety as it sounds, a better remedy moving forward would be to request the court modify custody and raise your concerns there. You can do that with an emergency motion depending on the facts.

Be cautious - you have a duty to report any child abuse/neglect concerns to DHS once you become aware of them. If you try to modify custody and claim the children are not safe but you don't report to DHS, you could get in trouble for "failure to protect" your children and would be less likely to be taken seriously by the judge.

I'm sorry you are in this position. It's so tough.

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