When parents are not married, perhaps after a divorce, the law of Oklahoma gives each parent certain rights to have contact with their child. Many times one parent will end up with full custody of the child which means the child will permanently live with that parent. However, the non-custodial parent still has rights to visitation with the child.
The court will order a visitation schedule which is many times agreed upon by both parents after some negotiation. It is legally obligated that the parents stick to this visitation schedule as ordered by the court. However, there may be times when the court-ordered visitation schedule stops being feasible for one or both of the parents. In this case it may be necessary to modify the visitation schedule in court.
Understanding Visitation Schedules in Wagoner County
In Oklahoma, visitation schedules, also known as parenting time schedules, are established to ensure that children maintain meaningful relationships with both parents following a divorce or separation. These schedules are designed with the child’s best interests in mind and can vary based on the circumstances of the family.
In Wagoner County, visitation schedules are typically included in the divorce decree or custody agreement. However, there may be situations where adjustments need to be made. If one parent wants to modify the visitation schedule, the parent must prove a substantial change in circumstances that warrants the modification.
Procedure for Modifying Visitation Schedule
When seeking to adjust a visitation schedule, it is crucial to follow the proper legal procedures. Failure to do so can result in the modification being deemed invalid.
To modify a visitation schedule, parents typically need to go through the following steps:
- Filing a Petition:
- Parents can file a petition to adjust visitation individually or through a Wagoner family law attorney.
- Mediation:
- Oklahoma courts offer a mediation option to help parents reach an agreement.
- Court Hearing:
- If parents cannot agree, a judge will decide based on the evidence presented, always prioritizing the child’s best interests.
Consulting with a Wagoner family law attorney can help ensure that your rights are protected throughout the process.
Reasons For Modifying Visitation Schedules in Wagoner County
There are several reasons why a parent may seek to modify a visitation schedule in Wagoner County. Common reasons include changes in work schedules, relocation, or the child’s preferences. It is important to note that any modifications to a visitation schedule must be approved by the court to be legally enforceable.
Hence, it is important when attempting to adjust a visitation schedule, you provide the court with legitimate reasons in the motion filed with the court. A significant change in circumstances is legally required to be able to adjust a visitation schedule. This may include:
- A parent’s relocation.
- Changes in the child’s needs.
- Changes in the parent’s work schedule.
- Any other factor that affects the best interests of the child.
You will need to carefully select the legal language you use in the motion filed when describing the reason for requesting modification of visitation. A Wagoner family law attorney can help craft the court motion in a way that will provide the judge with a legally acceptable reasoning for adjusting the visitation schedule.
Negotiating With the Other Parent
Although many times the other parent will be resistant to your desire to adjust the visitation schedule. However, you may not need to have a contentious court battle with the other parent. There is always the option of attempting to negotiate an agreed upon settlement with the help of a Wagoner family law attorney.
Opposing a Motion to Adjust Visitation in Wagoner
If you are a parent in opposition to a motion filed by the other parent aiming to modify the visitation schedule, you will have to properly respond to the court motion. This means adhering to the local court rules and standards, including certain deadlines. You will also need to present your legal argument for why the visitation schedule should not be adjusted in your documents opposing the motion. A Wagoner family law attorney can ensure that you adhere to all court rules and deadlines and that your response to the motion is adequately formatted and crafted.
Consulting With a Wagoner Family Law Attorney
If you are considering adjusting a visitation schedule in Wagoner County, it is essential to seek legal guidance from a Wagoner family law attorney. With the proper legal representation you will maximize the chances that your motion to adjust visitation will be resolved in your favor. The attorney can also represent you during the court hearing and present your argument in front of the judge.
Family Law Attorney at Wirth Law Office – Wagoner
Our attorneys at Wirth Law Office – Wagoner have experience with all types of family law cases, including motions to modify visitation schedules. We will guide you through the legal process and advocate fiercely for your parental rights. Contact Wirth Law Office – Wagoner at (918) 485-0335 to schedule a consultation with one of our skilled attorneys now.
