Can you do Something if Your Custody is Being Denied due to a Protective Order?
Video Transcribed: Can you do something if your custody or visitation rights are being denied because of your protective order? I’m On Tulsa attorney James Wirth, I’m about to discuss that issue. Okay, so what can you do if your kids has been put on a protective order against you, and because of that protective order is in place, you can’t have your visitation or custody rights? Well that depends.
If it’s not yet a final order, you’re going to want to fight that. You’re going to want to look at the allegations, come up with defenses, get an attorney to fight that. But sometimes I’ve seen cases where it’s already a final protective order, a five year protective order that’s granted.
Sometimes people call me after they failed to appear for court. The other parent of the child put the child on the protective order and then a default was granted putting a five year for protective order, and that says they can’t see their kid for five years. They can’t talk to their kid for five years.
Well, what can you do under those circumstances? There are things that you can do, because what the statute provides, although kids can be put on a protective order, what it says is that the order cannot purport to determine the issues between the parties as to a child custody, visitation or visitation schedules, except child visitation orders may be temporarily suspended or modified to protect the child from threats of abuse or physical force.
So although the law says it can only be temporary most of the time or in many circumstances, if the parent fails to appear for the hearing, a final is granted for five years. So if that has happened to you, there are things that can be done.
You need to file to vacate the protective order notes that it violates the statute and then get that hearing to make a determination on that or get it into family court, get it consolidated into the family court to determine what is in the best interest of the child as to custody and visitation.
But don’t take my word for it based on this general information, talk about your specific circumstances and get legal advice for that. Talk to an attorney.
So for that you can contact me. I’ll talk to you or you can talk to another attorney. But if you want to call me, give me a call. (918) 932-2800