Oklahoma § 43-111.1 - Minimum visitation between noncustodial parent and child

§ 43-111.1. Minimum visitation between noncustodial parent and child

– Domestic violence or stalking – Failure to pay child support Enforcement of visitation order.

A. 1. Any order providing for the visitation of a noncustodial

parent with any of the children of such noncustodial parent shall

provide a specified minimum amount of visitation between the

noncustodial parent and the child unless the court determines

otherwise.

2. Except for good cause shown and when in the best interests

of the child, the order shall encourage additional visitations of

the noncustodial parent and the child and in addition encourage

Oklahoma Statutes - Title 43. Marriage and Family

liberal telephone communications between the noncustodial parent and

the child.

3. The court may award visitation by a noncustodial parent who

was determined to have committed domestic violence or engaged in

stalking behavior as defined in Section 109 of this title, if the

court is able to provide for the safety of the child and the parent

who is the victim of that domestic violence.

4. In a visitation order, the court shall provide for the

safety of the minor child and victim of domestic violence, stalking,

or harassment as defined in Section 109 of this title, and subject

to the provisions of Section 109 of this title, may:

a.

order the exchange of a child to be facilitated by a

third party where the parents do not have any contact

with each other,

b.

order an exchange of a child to occur in a protected

setting,

c.

order visitation supervised by another person or

agency,

d.

order the abusive, stalking, or harassing parent to

pay a fee to help defray the costs of supervised

visitation or other costs of child exchanges,

including compensating third parties,

e.

order the abusive, stalking, or harassing parent to

attend and complete, to the satisfaction of the court,

an intervention program for batterers certified by the

Office of the Attorney General,

f.

prohibit unsupervised or overnight visitation until

the abusive, stalking, or harassing parent has

successfully completed a specialized program for

abusers and the parent has neither threatened nor

exhibited violence for a substantial period of time,

g.

order the abusive, stalking, or harassing parent to

abstain from the possession or consumption of alcohol

or controlled substances during the visitation and for

twenty-four (24) hours preceding visitation,

h.

order the abusive, stalking, or harassing parent to

complete a danger/lethality assessment by a qualified

mental health professional, and

i.

impose any other condition that is deemed necessary to

provide for the safety of the child, the victim of

domestic violence, stalking, or harassing behavior, or

another household member.

5. The court shall not order a victim of domestic violence,

stalking, or harassment to be present during child visitation

exchange if the victim of domestic violence, stalking, or harassment

objects to being present.

6. Visitation shall be terminated if:

Oklahoma Statutes - Title 43. Marriage and Family

a.

the abusive, stalking, or harassing parent repeatedly

violates the terms and conditions of visitation,

b.

the child becomes severely distressed in response to

visitation, including the determination by a mental

health professional or certified domestic violence

specialist that visitation with the abusive, stalking,

or harassing parent is causing the child severe

distress which is not in the best interest of the

child, or

c.

there are clear indications that the abusive,

stalking, or harassing parent has threatened to either

harm or flee with the child, or has threatened to harm

the custodial parent.

7. Whether or not visitation is allowed, the court shall order

the address of the child and the victim of domestic violence,

stalking, or harassing behavior to be kept confidential if

requested.

a.

The court may order that the victim of domestic

violence, stalking, or harassing behavior participate

in the address confidentiality program available

pursuant to Section 60.14 of Title 22 of the Oklahoma

Statutes.

b.

The abusive, stalking, or harassing parent may be

denied access to the medical and educational records

of the child if those records may be used to determine

the location of the child.

B. 1. Except for good cause shown, when a noncustodial parent

who is ordered to pay child support and who is awarded visitation

rights fails to pay child support, the custodial parent shall not

refuse to honor the visitation rights of the noncustodial parent.

2. When a custodial parent refuses to honor the visitation

rights of the noncustodial parent, the noncustodial parent shall not

fail to pay any ordered child support or alimony.

C. 1. Violation of an order providing for the payment of child

support or providing for the visitation of a noncustodial parent

with any of the children of such noncustodial parent may be

prosecuted as indirect civil contempt pursuant to Section 566 of

Title 21 of the Oklahoma Statutes or as otherwise deemed appropriate

by the court.

2. Any person complying in good faith with the provisions of

Section 852.1 of Title 21 of the Oklahoma Statutes, by refusing to

allow his or her child to be transported by an intoxicated driver,

shall have an affirmative defense to a contempt of court proceeding

in a divorce or custody action.

3. Unless good cause is shown for the noncompliance, the

prevailing party shall be entitled to recover court costs and

attorney fees expended in enforcing the order and any other

Oklahoma Statutes - Title 43. Marriage and Family

reasonable costs and expenses incurred in connection with the denied

child support or denied visitation as authorized by the court.

Added by Laws 1989, c. 285, § 1, emerg. eff. May 24, 1989. Amended

by Laws 1990, c. 171, § 1, operative July 1, 1990. Renumbered from

§ 1276.3 of Title 12 by Laws 1990, c. 171, § 3, operative July 1,

1990 and by Laws 1990, c. 188, § 2, eff. Sept. 1, 1990. Amended by

Laws 1999, c. 301, § 1, eff. Nov. 1, 1999; Laws 2000, c. 384, § 4,

eff. Nov. 1, 2000; Laws 2009, c. 143, § 3, eff. July 1, 2009; Laws

2009, c. 307, § 3, eff. Nov. 1, 2009.

§43-111.1A. Standard visitation schedule – Advisory guidelines.

A. By January 1, 2005, the Administrative Director of the

Courts shall have developed a standard visitation schedule and

advisory guidelines which may be used by the district courts of this

state as deemed necessary.

B. The standard visitation schedule should include a minimum

graduated visitation schedule for children under the age of five (5)

years and a minimum graduated visitation schedule for children five

(5) years of age through seventeen (17) years of age. In addition,

the standard visitation schedule should address:

1. Midweek and weekend time-sharing;

2. Differing geographical residences of the custodian and

noncustodian of the child requesting visitation;

3. Holidays, including Friday and Monday holidays;

4. Summer vacation break;

5. Midterm school breaks;

6. Notice requirements and authorized reasons for cancellations

of visitation;

7. Transportation and transportation costs, including pick up

and return of the child;

8. Religious, school, and extracurricular activities;

9. Grandparent and relative contact;

10. The birthday of the child;

11. Sibling visitation schedules;

12. Special circumstances, including, but not limited to,

emergencies; and

13. Any other standards deemed necessary by the Administrative

Director of the Courts.

C. 1. The Administrative Director of the Courts shall develop

advisory guidelines for use by the district courts when parties to

any action concerning the custody of a child are unable to mutually

agree upon a visitation schedule.

2. The advisory guidelines should include the following

considerations at a minimum:

a.

a preference for visitation schedules that are

mutually agreed upon by both parents over a courtimposed solution,

Oklahoma Statutes - Title 43. Marriage and Family

b.

a visitation schedule which should maximize the

continuity and stability of the life of the child,

c.

special considerations should be given to each parent

to make the child available to attend family

functions, including funerals, weddings, family

reunions, religious holidays, important ceremonies,

and other significant events in the life of the child

or in the life of either parent which may

inadvertently conflict with the visitation schedule,

d.

a visitation schedule which will not interrupt the

regular school hours of the child,

e.

a visitation schedule should reasonably accommodate

the work schedule of both parents and may increase the

visitation time allowed to the noncustodial parent but

should not diminish the standardized visitation

schedule provided in Section 111.1 of Title 43 of the

Oklahoma Statutes,

f.

a visitation schedule should reasonably accommodate

the distance between the parties and the expense of

exercising visitation,

g.

each parent should permit and encourage liberal

electronic contact during reasonable hours and

uncensored mail privileges with the child, and

h.

each parent should be entitled to an equal division of

major religious holidays celebrated by the parents,

and the parent who celebrates a religious holiday that

the other parent does not celebrate shall have the

right to be together with the child on the religious

holiday.

D. The Administrative Director of the Courts shall:

1. Make the standard visitation schedule and advisory

guidelines available to the district courts of this state; and

2. Periodically review and update the guidelines as deemed

necessary.

Added by Laws 2004, c. 422, § 1, eff. July 1, 2004.