Every day apart is time you can’t get back.
Call an attorney to see where you stand.
Sometimes tragedy strikes your family, and you find yourself cut off from your grandchildren. When that happens, a court may grant you visitation in certain situations. If the parents are unable to have custody of their children, a guardianship may be appropriate. Either way, we’ll explain where you stand and what your options are.
Grandparents’ rights cases depend on the facts, and certain conditions must be met before a court will grant a grandparent visitation.
We start by talking through the background of your case to see whether Oklahoma law gives you a path to court. If you want to move forward, we file your case and work toward court-ordered visitation with your grandchild. Many cases are resolved by agreement.
Not automatically. A court may grant a grandparent reasonable visitation only in certain situations, and only if it is in the child’s best interests. A grandparent generally has to show that the parents are unfit, or that a fit parent’s denial of visits harms the child and the child’s family has been disrupted, for example by a divorce, the death of a parent, or desertion. A grandparent asks for visitation by filing a petition with the court.
In most cases, no. A grandparent can ask a court for visitation only when the child’s family has been disrupted, for example by a divorce, the death of a parent, or desertion. If the child lives in an intact family with married parents, Oklahoma law does not allow a court to award grandparent visitation, and a judge may never do so when both parents object.
Generally, no. Oklahoma’s grandparent visitation laws do not cover step-grandparents, so a court cannot award them visitation under them. That does not mean a step-grandparent has no options. In some circumstances, such as when a parent is unfit, a step-grandparent may be able to seek guardianship or custody, though those options are limited. Talk to an attorney about the best path for you.
If you are raising your grandchildren without any parent involvement, you usually have a strong case for a guardianship. If you are helping a parent by providing childcare while they work or attend school, your options are more limited. Talk to an attorney about the best path for you.
Call or request a consultation today to see how we can help you.