Can a Grandparent Lose Visitation Rights?Putnam Law Office
Parents are not the only ones who can lose visitation rights after circumstances like divorce or domestic violence. Grandparents can also lose visitation rights, but often for far less than abuse. Both parents of the child have the right to revoke a grandparent’s visitation rights simply because they do not want their child around the grandparent. This can put a lot of strain on the family. Try talking to an Oklahoma Family Lawyer to see what your legal options are if this has happened to you.
Grandparent Visitation Rights
Parents have the power to revoke grandparent visitation rights if they deem this necessary. This could mean the parents simply do not want a grandparent to influence their child or family conflicts in the past have led to hostile feelings towards other family members. Since children are minors, they have little control over this process other than convincing their parents to choose otherwise.
However, grandparents can be granted visitation rights under specific instances like parental separation. Parents who are seeking a divorce, annulment, or separate maintenance may not have control over whether the grandparent has visitation rights. The court will ultimately decide when no one can agree on their own.
Two other criteria must be met before grandparent visitation rights can be legally enforced after parental separation. Visitation rights must be granted in the best interest of the child and it must be proven that the child could face harm otherwise. This harm could come from the parents or from not being able to see the grandparent.
Proving these factors can be complicated. Consider consulting with a lawyer if you have questions about establishing these legal factors. You may not have to revoke your visitation rights just yet.
Seeking Visitation Rights as a Grandparent
If your visitation rights are in the process of being revoked, you may be able to fight for visitation rights in court. The first option you have before going to court is talking with the parent who wants to revoke your visitation rights. While this can be difficult, figuring out why the parent wants to revoke your rights may be able to help you find a solution. However, if a solution cannot be found or the parent refuses to negotiate, legal options may become the only ones.
Another option before filing a lawsuit is to seek mediation. Mediation involves a professional mediator who is trained in helping people reach an agreement through compromise.
Filing a lawsuit will require you to prove the parent is unfit, the visitation will be in the best interest of the child, and the family has been disrupted. A family disruption can mean divorce, legal separation, annulment, parent death, or a parent going to prison.
Family Lawyer in Oklahoma
Fighting for your visitation rights in court can be a stressful process, especially when the case is personal. Consider speaking with an Oklahoma Family Lawyer if you have questions about this process. Contact the Putnam Law Office today at (405)-849-9149 for a consultation. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.