Enforcing Your Custody and Visitation Rights in Tulsa, Oklahoma

There are few things more stressful for a father than arriving to pick up his children only to be turned away. When the other parent withholds your parenting time, ignores a schedule, or violates specific terms of your divorce decree, it feels like you are losing control of your relationship with your kids.

You are not powerless. In Oklahoma, a court order is not a suggestion—it is the law.

If you are facing blocked visitation or custody violations, you need a legal team that understands the unique challenges fathers face. If you are looking for a custody attorney Tulsa dads rely on to enforce their rights, Dads.Law is here to help you navigate the system and fight for your time with your children.

Understanding Custody Enforcement

When a judge signs a custody or visitation order that document becomes a binding mandate. Under Oklahoma law, both parents are legally required to adhere to the schedule and rules set forth in that order.

However, enforcement isn’t automatic. The police generally view custody disputes as “civil matters” and often refuse to intervene physically unless there is immediate danger to the child. This means the burden falls on you to return to court to enforce the order.

To do this effectively, your legal team may utilize several tools:

    • Motion to Enforce Visitation: A formal request asking the court to order the other parent to comply with the existing schedule.
    • Application for Contempt Citation: Asking the court to punish the other parent for willfully disobeying a court order.
    • Writ of Habeas Corpus: In emergency situations where a child is being unlawfully detained or hidden, this writ commands the person holding the child to bring them before the judge immediately.
  • Writ of Assistance: In emergency situations, where the location of the child is known, a judge may issue a writ of assistance, allowing you to go with the County Sheriff to the other parent’s location and demand return of the child to your custody. 

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Common Scenarios Fathers Face

Custody violations come in many forms. While some are minor inconveniences, others are systematic attempts to alienate a father from his children. At Dads.Law, we frequently assist Oklahoma fathers facing these scenarios:

1. The “Gatekeeper”

The mother unilaterally decides when you can see the children, regardless of the court order. She might say, “The kids are sick,” or “They don’t want to go,” to justify cancelling your time.

2. The Move-Away (Relocation)

Under Oklahoma law (75-mile rule), a custodial parent generally cannot move the child more than 75 miles away from their primary residence without giving you specific notice and following strict statutes (Title 43 O.S. § 112.3). If she moves without notice to keep you away, she is likely violating the law.

3. Withholding for Child Support

This is a common misconception. In Oklahoma, child support and visitation are separate legal issues. A mother cannot deny you visitation because you are behind on support, just as you cannot stop paying support because she denies visitation.

4. Poor Co-Parenting Communication

The order might require shared decision-making regarding medical care, education, or religion. If she enrolls the child in a new school or makes major medical decisions without consulting you (when required by your Joint Custody Plan), she is violating the order.

Step-by-Step: What to Do When Custody is Violated

If you are being denied your court-ordered time, it is vital to stay calm and strategic. Reacting with anger or aggression can be used against you in court later. Follow these steps:

Step 1: Keep a Detailed Journal

Documentation is your best defense. Keep a log of every denied visit, every unanswered call, and every late arrival. Note the date, time, and the excuse given (if any).

Step 2: Attempt to Exercise Your Rights

Always show up at the designated exchange location at the correct time, even if you know she won’t be there. This proves you were ready, willing, and able to parent.

Step 3: Consult a Custody Attorney

Do not wait for the situation to resolve itself. Patterns of behavior rarely resolve on their own and often worsen with time. If you are experiencing custody issues, contact a Tulsa child custody attorney trusted by fathers to review your court order and determine the most effective strategy immediately.

Step 4: File a Motion to Enforce or Contempt

Your attorney will file the necessary paperwork in the District Court where your original custody order was issued (e.g., Tulsa County District Court, Oklahoma County District Court, etc.).

"Very professional and knowledgeable!

Advocated strongly for me but made sure the children’s best interests front and center. Did a great job navigating the emotional minefield of family court. Recommend Jeff Bacon for any family law needs you might have."

- Robert Hogg

Legal Rights and Potential Outcomes

When you take a custody violation before an Oklahoma judge, the court has broad discretion to remedy the situation. The goal of the court is usually to ensure the child maintains a relationship with both parents.

If the court finds that the other parent has violated the visitation order, the potential outcomes include:

  • Make-Up Time: The court may grant you additional parenting time to compensate for the time you lost. This is often the immediate priority.
  • Attorney Fees: The judge may order the violating parent to pay your legal fees and court costs associated with bringing the enforcement action.
  • Fines and Jail Time: If the violation is found to be “willful,” the parent can be held in contempt of court. This carries potential fines (up to $500 per violation) and even jail time (up to six months) in severe cases.
  • Modification of Custody: If the mother consistently interferes with your visitation, it may be grounds to change custody entirely. Oklahoma courts prefer the parent who is most likely to facilitate a relationship with the other parent. If she cannot do that, the judge may decide the children are better off living primarily with you.

How Dads.Law Can Help Oklahoma Fathers

The family court system can feel biased, and many fathers feel like they are starting at a disadvantage. At Dads.Law, we level the playing field. We focus exclusively on the rights of fathers, ensuring your voice is heard and your relationship with your children is protected.

Our team understands the nuances of Oklahoma family law. Whether you are in Tulsa, Broken Arrow, Owasso, or the surrounding counties, we know the local judges and procedures.

Our approach goes beyond simply filing documents; we develop a comprehensive strategy. We assist you in collecting essential evidence, preparing for court testimony, and presenting a strong, convincing case. If you’re a father seeking a highly-recommended custody attorney in the Tulsa area, it’s because you require a firm that recognizes the critical importance of quickly restoring your relationship with your children.

Don’t Let Another Day Go By Without Your Children

Time lost with your children is time you can never get back. If your ex is ignoring the court order and keeping you from being a dad, you have options. You do not have to accept unfair treatment.

Contact Dads.Law to schedule a strategy session. Let us fight to enforce your rights so you can focus on being a father.

Can I stop paying child support if she won't let me see the kids?

No. Never stop paying court-ordered child support. In Oklahoma, support and visitation are legally separate. If you stop paying, you give the other parent ammunition to file a contempt charge against you, damaging your credibility with the judge. Judges send people to jail nearly every day for not paying child support, you certainly won’t be getting much visitation with your children while you are in jail.

What if we never went to court and only had a verbal agreement?

If you are the father of a child born out of wedlock and have no court orders, you may not have enforceable rights yet—even if you are on the birth certificate. In Oklahoma, you must establish paternity and secure a court order for custody and visitation before you can enforce it. We can help you start this process immediately.

How long does a Motion to Enforce take?

Typically a motion to enforce must be heard by the court within 21 days of filing. 

Is it a crime for her to keep the kids from me?

Sometimes, but rarely. If there is a court order in place, intentionally interfering with parenting time can have serious legal consequences. In practice, however, district attorneys seldom file criminal charges over visitation disputes and instead expect parents to resolve these issues through family court. When visitation is denied, the most effective remedy is usually a motion to enforce the custody order, not a criminal complaint.