Another Child Custody Question

[tranger2]

Have a 13 month old grandson and the mom is not letting my son see him as much as we think is right. We have not been to court yet but its coming.

Simple question, at this age, what can we expect to receive by a court in Oklahoma county for visitation? The standard every other weekend etc? Not that much because of his age? Has anyone ever received more than that with a child this age? We are thinking about asking for joint custody and maybe 50% of the time but not sure that's a realistic option.

Anyone personal knowledge is helpful.
Thanks in advance....

 

[CharlieMurphy]

No experience with custody in OK but diffent family members have gone through it in MS. My understanding in MS was that grandparents have no visitation rights if the guardian chooses not to let them see them unless the grandparents go for full custody.

 

[tranger2]

Questioning what visitation my son can get as the father. Any time we get as grandparents is gained from him...

 

[4play]

I'm not up to current on this stuff but there are set guidelines that are usually used or at least suggested and/or modeled off of. I know grandparents have rights too, and can get visitation orders. Visitation schedules can be whatever you can agree upon, but courts can and usually establish a minimum level of visitation, if parents can get along and agree then hopefully there will be more time than the minimum.

 

[tranger2]

He is getting less than current guidelines now. He tells her if he goes to court, he will get more than she is currently giving him. However, didn't want to take that step if for some reason, like sons current age, would not hold true. Hence the question....

 

[Fyrtwuck]

Divorces are one of the big evils in life. The father seems to come out of the short end in most cases. A judge gives orders in the decree and its not uncommon for a vindictive mother to use kids as bargaining chips to use against the father.

In cases I've been involved in, (as both a dad and a former officer) the mother often refuses to obey the decree and nothing is ever done about it unless the father wants to spend a lot of money for attorneys to file contempt. Yet if dad misses child support, his drivers license can be suspended and a warrant issued. Then he gets taken to court for contempt and ordered to pay both the back child support and any attorney fees. I understand that there are deadbeat dads out there, but some are trying very hard and just can't hack it.

I have a friend whose ex was so vindictive that she took him back to court every year for a review of his current pay and demanded raises and attorney fees. This was especially difficult cause he lived and worked in Okc and she lived in TX. She would never meet half way for visitation and nothing was ever done because of her violation.

I would suggest talking to your son and having a meet with his attorney and ask about your role in visitation.

 

[mightymouse]

Get an attorney who knows how these things work. There is NO SUBSTITUTE for sound legal advice in a child custody dispute. And, please, do not ask me how I know.

 

[GlockPride]

There are a couple men on here who have been granted full or far better than 50% of the kids visitation/parental rights. I cannot remember who they are so I hope they chime in.
It can be done, but you probably need proof of unfit/drugs/alcoholic/abuse/imminent danger/ etc. Without that, I think more than 50% would be tough.
Tell your son to keep his head, stay positive, work hard and NEVER lie to the kid or ex about what happened/is happening. In the end, it will work itself out. My parents divorced before I was 18 mo old. My mom constantly tried to lie about my father and withhold time. I'm way closer to my dad these days, 35 years later, than my mom.

 

[CharlieMurphy]

Get an attorney who knows how these things work. There is NO SUBSTITUTE for sound legal advice in a child custody dispute. And, please, do not ask me how I know.

+2, even if I don't like attorneys

 

[Billybob]

He is getting less than current guidelines now. He tells her if he goes to court, he will get more than she is currently giving him. However, didn't want to take that step if for some reason, like sons current age, would not hold true. Hence the question....

Research "Tender years doctrine". Many states quit using it after Watts v. Watts(New York Family court 1973) due to it being a possible 14th. Amd. violation. Of course it's still pretty clear courts still try to use that logic under the guise of "best interest of the child".
I got 50/50 custody of two toddlers at the first temp hearing and full custody after that, p.m. me if you want.