Grandparents Rights in Oklahoma
Can a Grandparent File for Emergency Custody in Oklahoma?
Now there really is only one good way to seek emergency custody of a child, and that is through guardianship. Read more »What Makes a Parent Unfit in Oklahoma?
If you could show that a parent is unfit, there are many remedies that become available for a grandparent to seek. Read more »Can a Grandparent Get Custody of Their Grandchild in Oklahoma?
The first and most common is through guardianship. Now, guardianship is a two-phase process. You start out initially with a petition for emergency custody through the guardianship, and at that hearing, you go and speak to the judge, just you, your attorney, and the judge. Read more »Will Homeschooling Your Children Impact Your Child Custody Case in Oklahoma?
The decision about where your children should go to school is an intensely personal one obviously, and your first step should definitely be to speak with your spouse, or ex spouse, about where he or she thinks your children should go to school. In the event that you're in the middle of a custody dispute, either a new divorce or paternity case or a modification of an existing order, the issue of education is likely to come up. And if you were in the position where you believe that your child, or children, will be served best by attending homeschool and you're going to need to marshal evidence to make that case to the court. Now, Oklahoma has a very light hand on regulating homeschooling in state. Generally speaking, the only requirement is that children from age five to 18 receive classroom instruction for at least 180 days every school year. And that's really it. Read more »How Does COVID-19 Impact Tulsa Criminal Cases?
Now if you have an arraignment or are in custody, the courts are still processing those cases at least in Tulsa County, and it really is a county by county situation. Each County is putting out its own guidance and their own instructions about how the situation should be handled. In Tulsa County, for instance, arraignments and pleadings are being done on special dockets, that are set aside, that are open only to defendants and their defense attorney, and the state, and are special settings specifically designed to get cases off the docket. Read more »Can Grandparent Rights Be Terminated or Modified in Oklahoma?
If you're in a position where you've been granted grandparent visitation rights and something changes, then it is technically possible for the court to order a modification. One thing that I see a lot in my practice is that if the custodial parent moves with the child, that might trigger a necessary change in schedules. Read more »When Can a Child Express a Preference about Where They Want to Live?
In the guardianship statutes in the state of Oklahoma, the age is actually 14. At 14 a minor child is allowed to nominate a person to be their guardian, and that nomination carries some pretty heavy presumptions with it. Similarly, in a family law case, a divorce or a paternity action, a child at 12 years old is allowed to express preference. That's different than the nomination, they're just expressing a preference about where they want to live. And the court must take that consideration into account. And when making their decision, if the child has expressed a preference and the court goes against that stated preference, there needs to be some reasoning in the order about why the court has decided to disregard the child's stated preference. Read more »