Domestic violence is taken seriously in Oklahoma, especially if it concerns a child. Physical or mental abuse that takes place behind closed doors is almost always brought to light during child custody proceedings. Such abuse can have long-term consequences for whether a parent has primary custody of his or her child. Depending on the severity of the abuse, the abuser may face limited visitation and, in the most extreme cases, be stripped of their of parental rights.
Oklahoma Law Can Deny Visitation Rights to Abusive Parents
A parent who, acting in good faith, finds reason to believe their child is the victim of abuse or neglect at the hands of the other parent they may petition the court to deny that other parent visitation or custody rights.
A concerned parent can submit a motion in family court. Visitation will be suspended if the court discovers evidence to corroborate suspected or verified child abuse or neglect.
What is Considered Child Abuse or Neglect in Oklahoma?
Child abuse in Oklahoma is legally defined as any intentional or malicious injury to a child, whether threatened or actual. Neglect is the failure to safeguard a kid from actual or imminent injury to his or her health, safety, or welfare. Okla. Stat. tit. 21 § 843.5
Some examples of child abuse include:
- Physical violence, such as punching or kicking
- The threat of physical violence
- Mental or emotional abuse (ex: continuous rejection, criticism, isolation, or humiliation)
- Any sort of sexual contact or exploitation
Child neglect is the failure to provide adequate food, shelter, clothing, medical care, supervision, or other necessities of life.
Motion for Emergency Custody Hearing
If you believe your child is being abused or neglected by the other parent, a motion for an emergency custody hearing must be filed with the court. To support the motion, an impartial report, such as a police report or a report from the Department of Human Services, should be included with the motion. The report should show that the child is in situations that risk his or her safety, and that if such conditions persist, the child will certainly suffer irreversible injury.
If no such report is available, the move must contain a notarized statement or declaration from an individual with personal knowledge that the child is in circumstances that risk the child’s safety and that failing to grant the request would likely result in irreparable injury to the child.
If you believe your child is being abused or neglected by your former spouse, a skilled child custody lawyer in Oklahoma can help.
Penalties for False Allegations
It is critical that all material contained in the motion, report, and affidavit be factual and correct. If the court finds any of the information contained in your motion to be untrue, it will be refused, and you will be required to pay all costs, attorney fees, and expenditures within 30 days.
Failure to make the payment is contempt of court, which is punishable by a jail term of up to six months, a fine of $1,000, or both.
Low-cost Consultation with an Oklahoma City Child Custody Lawyer
Your child’s safety is not something you can compromise on. If you believe your child is at risk, contact an Oklahoma City child custody lawyer today. Call (405) 880-8222 today for a initial consultation with an experienced Oklahoma City child custody attorney. If you prefer e-mail, please use the “Ask the Lawyer” form on the right side of this page.