Can my son live with me if I have limited visitation?

Question: My husband lost joint custody to his ex. On the idea that they could not get along, she was awarded sole primary and physical custody of his two sons. However, the cooperation was and is based on her lack of cooperation. We introduced all the evidence of the blatant lying, phone recording, etc. Yet all he has minimal visitation.

His 12-year-old son just stated he wants to live with his dad. My husband’s attorney filed the motion. While we are awaiting the hearing for this, his ex filed a motion and has willfully refused to participate with their court ordered parent coordinator. What are my husband’s rights and where can I find some statues/laws that I can research to help my husband with this extremely gender biased ruling? My husband’s attorney is very passive and we are at a loss.

 

 

Answer: I am not licensed in the State of Oklahoma so I am only able to answer this question based upon general practice.  Therefore, the specific answer in Oklahoma may differ.

If the participation with mediation or a parental coordinator is required pursuant to local rule or by court order specific to your case your attorney should consider filing some type of enforcement action and request for attorney fees.  This enforcement action would be a Motion to Compel or Motion for Contempt.

If an enforcement action is not available in your jurisdiction I would then file a Request for Trial Setting.  This Request asks the court to set the matter for trial.  This is generally done after attempts at mediation have been exhausted.  Here the dispute resolution matters have been exhausted by your ex-wife’s refusal to participate.

It would be a good idea to get an affidavit from the parental coordinator that the opposing party has refused to participate in the meetings.

 

Spencer E. Williams is the Team Leader over St Louis, St Charles, Indianapolis and Arnold (Jefferson County, MO) offices of Cordell & Cordell, P.C. where he practices exclusively in the area of domestic relations. Mr. Williams has tried numerous cases dealing with complex custody issues, maintenance, business assets and personal asset division.