Standard Visitation Schedule With Forms

ADVERTISEMENT

Advisory Guidelines - Standard Visitation
Schedule with Forms
WHEN PARENTS ARE UNABLE TO SHIELD THEIR CHILDREN FROM THEIR
CONFLICT, OR WHEN THERE ARE SAFETY ISSUES RESULTING FROM
DOMESTIC VIOLENCE, SERIOUS PHYSICAL OR MENTAL ILLNESS, CHRONIC
NEGLECT, CHEMICAL DEPENDENCY OR ALLEGATIONS OF SEXUAL ABUSE,
THE ADVISORY GUIDELINES AND VISITATION SCHEDULES NEED TO BE
MODIFIED.
A:
INTRODUCTION:
Pursuant to House Bill 2528, codified at 43 O.S. §111.1A, the
Administrative Director of the Courts was tasked by the Oklahoma Legislature
to develop standard visitation schedules and advisory guidelines. Assistance
for this project was solicited from the Oklahoma Bar Association/Family Law
Section....and an ad hoc committee was created.
Upon initial review, which greatly relied upon Doug Loudenback's
1
survey work of visitation schedules throughout the state, it became clear
there is no clear consistent formula which controls parent/child relationships
2
in family law cases across the spectrum. Some may argue that there are
simply too many variables to factor into a visitation schedule, which has as its
3
end goal "the best interest of the child". Others ask for a “statewide” standard
1
This information is located on Mr Loudenback's web site in the Family Law Resources
2
Current county-wide schedules (where they exist in either an official or a "typical" fashion), do not
indicate any reasonable amount of consistency from county to county, or, upon occasion, within counties from
individual judge-to-judge. This lack of consistency is reminiscent of child support orders prior to the adoption
of the child support guidelines. W hile the Legislature has not yet deemed it desirable that there be some
consistency, it might be reasonably inferred that the 2004 Legislation has at least some presupposition that
the same would be desirable, even if not required. From a "legal" perspective, there doesn't appear to be a
substantive rationale that parents and children should be treated differently from county to county, and, often,
from judge to judge within the same county (noting that in some counties, e.g., Comanche, different judges
have specific different schedules, presumably likewise true in Tulsa County which has no quasi-official
standard at all). Aside from equal treatment issues, and getting down to the personal/family level, one obvious
circumstance that calls for some uniformity is the fact that, following a large number of failed marriages, one
and often both parents remarry and that the "new" families often involve multiple sets of step-parent
circumstances within the same families. In other words, it is not uncommon, in a "current" context, that 4
parents are involved, including 2 pairs of "step parents", and 2 pairs of step children. In such circumstances,
some semblance of uniformity would ordinarily be desirable given the blending of multiple sets of parents and
children.
3
43 O.S. §111.1, 112, 112.2, 113. OBA/FLS Practice Manual, Chap 6.1, §6.1.7. Guardianship
of Sherle, 1984 OK CIV APP, 683 P.2d 78 (visitation is to contribute to a child's emotional well-
being by enabling the partial continuation of an earlier established relationship).
1

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal