Violation of child custody is a frightening issue because it may be a situation that is harmful to the child. Although the other party is going to be entitled to a notice and proper hearing, there are many remedies both under civil and criminal law that you can go about this. If you have experiencing issues with child custody or visitation rights, contact an Oklahoma family law attorney today.
VIOLATIONS OF CHILD CUSTODY ORDERS AND VISITATION IN OKLAHOMA
Contempt of court: The court may hold the violating party in contempt of court if there has been a previous court order involved.
Injunctions and Restraining Orders: These are court orders which require the other party to take certain courses of action or to refrain from certain acts. These can include orders to stay a certain distance from a child, or orders not to contact the child.
Monetary damages: In certain cases, one parent may be able to obtain money damages if the violation has resulted in ascertainable (provable) losses to the parent or child.
Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation simply because the child custody or visitation agreement has no longer become practical.
Criminal liability: If there are criminal charges involved such as kidnapping or false imprisonment, then a criminal suit may be initiated against the other party. A lawyer will be able to determine whether criminal charges lie and whether a criminal suit will likely be successful
Punitive Modifications of Custody Order: The judge may choose to modify the custody or visitation order, as in a civil remedy. However, under a criminal, punitive modification, the changes will be made in order to reflect a punitive intent to enforce the decree, such as reducing visitation time or eliminating certain rights altogether.
Posting of a bond: A bond is a certain amount of monetary payment that is issued upon the violating party in order to compel them to comply with the agreement. If the person cannot afford to pay, a lien may be levied against their property such as a house or other valuable possessions.
Contempt of court: This is similar to civil contempt of court, except that in criminal contempt of court, the violating party cannot avoid jail time by paying a fee.
OKLAHOMA CITY CHILD CUSTODY AND FAMILY LAW ATTORNEYS
If you feel that your child is involved in such a custody violation please contact the Oklahoma City child custody lawyers at Atkins & Markoff today.