Tuesday, 21 February 2012 16:57

Denying Fathers Rights To Visitation

Written by  Matt Allen
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advice on divorceFathers Rights Question:

My wife and I are currently separated, but the divorce has not been finalized, and she is denying my visitation rights to my children.

We have no child custody agreement and no child support agreement, however I have been paying her money for the past year. This past month I didn't have money to pay her so she has denied me from seeing my kids until I pay her.

Since there is no court order in place regarding child support or my visitation rights as a father, what are my options to see my children?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce.

Where I practice, the two of you are likely operating in the gray area in between separation and divorce when there is no order in place regarding child custody, visitation, and child support. You haven't been ordered to pay child support, so legally you’re not obligated to pay it right now.

With that said, if the issue was brought to the court, you would likely be ordered to pay it, plus arrearages, so it's a good idea to keep paying so you don't fall too far behind.

When your child support obligation is calculated and ordered, anything you've paid in the past will be offset against any arrearages you may owe. This means you get a credit for what you've already paid against anything the court deems you owe from the past.

How Much Should You Paying?
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Now, with regard to your wife's attempts to deny you visitation with your children, you're sort of in the same boat. There is no order in place saying who gets them when, and for how long, so she's not legally in violation of any court order.

Now, you may be able to rely on your past arrangements with her to show the court a precedent has been set for visitation. She's also making a potentially serious mistake by keeping your kids from you. Judges do not like that at all, especially when the reason you're being denied time with your children is money.

It would be a good idea to get an order in place regarding child support and visitation soon so you know exactly where you stand on these issues and so that your rights and obligations are clearly defined. Once you get an order in place, you can take action any time she denies you visitation with your kids.

In the meantime, I’d strongly recommend you seek the advice of a skilled mens divorce lawyer who can help you get these orders in place, and who will be familiar enough with your state's divorce laws to help you find any immediate steps you can take to address the problem right away.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.


Last modified on Friday, 24 February 2012 20:54

3 comments

  • Comment Link Kelly I. Jefferson Wednesday, 20 June 2012 19:18 posted by Kelly I. Jefferson

    I have daughter with my exgirlfriend and I mean she is something else. I have been going through child visition for a while now. Just last year I decided to take her to court so she won't be able to play games with me anymore. They sent us to medation so we could work times and dates out. Plus I now have a court order. I have recently took her back to court cause she didn't show up at the designate spot and time and she wouldn't return my phone call. The judge ask her why is she not in complying with the order she told him it was I who didn't show. The judge look at me and I told him straight up she lying and she like to play games. He told her to let me see my daughter or else she would go to jail and I would get custody. I was seeing her for month straight according to the order. She has recently did it again not show up at the designated spot at the time she was suppose to. I went to the police with the court order and showed them. They then try to contact her over the phone and went to her house. "I just knew she wasn't going to be home." Surprisely she was there! The officer came back and told me that she will not let me get my daughter and I would just have to take her back to court. I ask the officer to write a report and I would come back by and pick up, plus he sent one to the states attorney. When I came back the next day to pick up the report. The clerk at the police station told me that men come up here constently about the same thing and the judge won't prosacute. I have filed comptept of court for visitation for the 2nd time. My court date is July 2nd. 2012/ I have miss my daughter for months at a time just trying to get in court I am more then just upset. My daughter has miss coming to my family reunion, I have miss fathers day and just time away from her. My daughter is 6yrs. old and she is daddy's girl she knows that her mother is being mean cause she knows my phone number by heart and her mother won't let her call me. This has effect me in the worst way. My hands are tied. If the court won't do anything what should I do?

  • Comment Link Lee Sunday, 04 March 2012 22:50 posted by Lee

    SUNDAY,04 mARCH 2010 POSTED bY hELP PLEASE
    I am a single father that has been giving supervised visitation rights to my child which happens to be 3yrs old.
    I had custody of my child for a week to where her mother left and abandonded the child for 6 days with no visits clothes pampers or food, she has never worked for our whole relationship and I've been the sole provider, she lives with her parents which still tell her what to do,
    my question is how can she come with a court order giving her Temo sole custody when she has no way to support herself more or less a child every paper or motion I have filed is been giving the run around or set for months down the line, there is no legal aid for fathers in Kansas without an amount of cash which I do not have , as a concerned father and a man that has not seen his child in weeks I wanted to know what kinda options do i have

  • Comment Link Chucks Sunday, 04 March 2012 15:11 posted by Chucks

    As always, it's always ONLY about money! God help the poor soul who doesnt have the moolah to pay and pay both his AND the ex's legal expenses to get some sort of equal footing in the court system. (Which you'll NEVER get no matter what!) and when it costs over a $1,00 to get a simple letter to the ex demanding she comply with the divorce decree how much are you going to have to pay your $250 an hour attorney AND hers to haul her into court? (Where the judge is going to take her side or give her another 2nd chance cause he feels it's his job to protect "poor,helpless women"?
    Your only hope is a vasectomy at age 15. Given the divorce the"happy whole family" is a wistful myth.

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