Oklahoma City, OK asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for Oklahoma

Q: Options for enforcing/modifying Tulsa custody order when father is noncompliant and verbally abusive.

I have a custody case in Tulsa County, and the father is not abiding by the joint custody order. He has kept our child from me for the past four weekends and is trying to prevent her from staying with me this summer, as outlined in the custody agreement. Although he has violated the order in the past, the judge did nothing at that time. All our communication is via text, and I have kept records for years. The father has been verbally abusive for years, and there is no communicating with him. I am concerned about my daughter's mental health and safety. I cannot afford a lawyer. What are my options for enforcing or modifying the custody order?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If the father is not complying with the joint custody order, you have the option to file a motion for contempt in Tulsa County court. This motion will ask the court to enforce the custody agreement and address any violations. Since you have kept detailed records of the communication and instances of noncompliance, this documentation will be helpful in showing the court that the father is not following the agreement.

You can also request a modification of the custody order if you believe that the current arrangement is not in the best interest of your child. Since you’re concerned about your daughter’s mental health and safety, you can ask the court to modify the visitation schedule to protect her well-being. In your request, you should include evidence of verbal abuse, as this could influence the court’s decision.

Even if you cannot afford an attorney, you may still be able to access free legal resources through legal aid or self-help centers at the courthouse. The court may be able to appoint an advocate to assist you with the process, and the judge will review the situation to ensure your child’s best interests are prioritized.

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