QUESTION
What should we do if my ex wife isn't complying with the custody agreement we already signed?
Asked on May 16th, 2015 on Child Custody - Oklahoma
More details to this question:
My ex wife and I signed and filed all the paperwork for our mutual divorce 3 months ago, and she even signed a waiver of appearance and summons, but now she is refusing to let me see my son or even talk to him. I have recordings on my phone saying I can't talk to or see him until after the court date, and that she refuses to go to the mandatory class. We have the custody, child support, and petition for divorce signed and notarized, as well as filed. She has told me to my face and told her own mother that she takes her patients' pain medicine, but we have no physical proof to get her drug tested. I have taken the mandatory class and she has not, and I'm not exactly sure how Oklahoma law works in this situation. As soon as she found out I had actually taken the paperwork in and filed it, she got extremely angry and told me she was going to fight it. I was told that if I had taken the class and she hadn't, I would get custody of our son and I would also like to know if that's true.
2 ANSWERS
You can file a Motion to Enforce Visitation, if allowed in your jurisdiction. Sometimes you can file for contempt, but you should try to work things out first, and use the contempt as a last resort. For the forms, you can go to a law library and check for form books. However, it would be much better to seek out legal assistance for this issue.
Answered on May 19th, 2015 at 2:30 PM
With respect, you don't seem to have the uncontested divorce you thought you would have. If she elects to fight, a court may let her go ahead and file an answer late. It has been known to happen, particularly if she alleges coercion on your part and you belatedly bring up you think she uses drugs but decided to not pursue it earlier by seeking temporary orders for full custody and requesting drug testing as there seems to be more than one available witness. I suggest you seriously consider getting counsel, and planning for a non-harmonious end to your marriage. You appear to already be there if she is making demands, threats and things are not going smoothly even before you can get a judge to bless the agreement you thought you had.
Answered on May 19th, 2015 at 1:46 PM