When Are Grandparents Granted Visitation Rights in Oklahoma?
As a grandparent, an Oklahoma divorce can be a shocking revelation to deal with. What can be more concerning is whether you will be able to see your grandkids again. This can depend on whether the parents agree on joint custody or sole custody of the children and what the wishes of each parent are. However, there are some cases where you may be able to attain visitation rights despite the wishes of the parents. Talk to an Oklahoma Divorce Lawyer to learn more.
Requirements for Oklahoma Grandparent Visitation Rights
The Oklahoma grandparent visitation rights requirements revolve around children who are minors and unmarried. Laws and rights may vary for children who do not meet either of these criteria. Talk with an experienced family lawyer to find out more.
A grandparent might be able to attain visitation rights if the parent who is caring for the child is deemed unfit to raise the child or the child would be harmed in a significant way without grandparent visitation rights. This also ties into the Oklahoma best interests of the child standard which upholds the physical and psychological needs of the child as a priority in all family legal decisions. What the court will do is assess how the decision to prevent grandparent visitation rights could harm the child’s best interests.
If granting grandparent rights would prevent harm to the child, then the family court will make an official order for grandparent visitation rights. The last requirement that needs to be fulfilled is the disruption of the nuclear family along with one of these conditions:
- The child’s parents are divorced or legally separated (i.e. annulment)
- The child’s parent passed away
- Divorce or annulment is pending in court
- The child is not living in the parent’s home
- One parent has been charged with a felony with imprisonment
- One parent abandoned the other parent for over a year
- The parents never married
- Parental rights were terminated
Some of these conditions also require a pre-existing relationship between the grandparent and child.
What If the Parents Disagree with My Visitation Order?
If the parents or one of the parents disagrees with your visitation order request, then you have the option to fight back. In the majority of cases, you only have to worry about Oklahoma grandparent visitation termination if there was a significant change in circumstances or the termination of your visitation rights would meet the best interests of the child standard.
In the event that a parent prevents you from visiting your grandchildren, you have the option to enforce the visitation court order by going through mediation. If mediation fails, then you can take the case to the family court where further legal action can be taken.
Divorce Attorney in Oklahoma
Trying to attain or retain your visitation rights as a grandparent can be challenging with all the new laws and legal complications. Consider seeking legal advice from an Oklahoma Family Attorney if you have questions or were wrongfully denied visitation rights. Contact the Putnam Law Office at (405)-849-9149 for a consultation today.