Grandparents Rights in Oklahoma
Do Parents Lose Rights When Grandparent Visitation Is Granted in Oklahoma?
So to think of it in a better way, instead of saying, let's assume that I've divorced and we have children together. My ex-wife and I share custody of the child. Now in that situation, each of us has 100% of the custody. So when the child is with me, I'm going to make all the regular routine decisions for that child. And if there's a big issue that comes up, typically my divorce order is going to require that I consult with my ex. Now the same is true in other situations like a grandparent's rights order. So if a court orders that grandparent visitation rights be granted, it doesn't mean that the parents have less authority. In fact, grandparent visitation is just that. Read more »Does an Oklahoma Guardianship Override Parental Rights?
You're still the legal parent of that child. You just have your rights curtailed, as a result of the guardianship.
You still, for instance, have to pay child support to the guardian, or to anyone who's taking care of the child, that's not you, if you're in the noncustodial parent. But doesn't mean the termination of your rights, and guardianships are, by their nature, meant to be temporary stop gap measures, to make for sure a child has somebody in their life that can take care of them, and make those important decisions. Read more »Can You File for a Guardianship in Oklahoma Without a Lawyer?
By design guardianships are supposed to be a vehicle that a non-lawyer can use in an emergency situation or in a situation where a parent is unfit or unavailable to take care of a child. Now just because it's designed to work that way doesn't mean it works that way in reality and specifically recently there's been a lot of changes to the law concerning guardianships. Read more »Do Both Parents Need To Agree to an Oklahoma Guardianship?
Now, generally speaking, parents don't have to sign off on a guardianship. If they're objecting to it, which is common, they actually have the opportunity to go into court and contest the guardianship, and saying, "No, I am available," or, "I am fit and we do not believe that a guardianship is necessary in this case." But in situations where parents actually do agree that a guardianship is necessary, say for instance, in a situation where a parent has a drug addiction that they're working on and they know that in the meantime while they're in the grips of this addiction, it makes sense for someone else to step up and take care of the child. And that parent would likely consent to a guardianship for the best interest of that child, the best thing for the child. Read more »Will COVID-19 Impact Oklahoma Family Law Cases?
Generally speaking if you have a paternity or a divorce case, it is going to be delayed for a while likely through the middle of May and possibly even later. Details are coming out every single day and the situation is changing rapidly. But generally speaking you can expect some delays. The only family matters that are being considered by the court right now are emergencies. So if you have a situation where a child is being exposed to an imminent threat of physical harm or neglect, then you should absolutely reach out to your attorney and see about filing an emergency, even in the midst of the shutdown and the crisis. Other than those emergency cases, all matters are being continued out and it is likely that you won't be getting in front of a judge anytime soon. Read more »What Is Parental Unfitness in Oklahoma?
Now, in determining whether or not a parent is unfit, Oklahoma courts have relied on several factors that are important in making that type of consideration. First of all, drug or alcohol dependence is something that we see a lot. If there is evidence that a parent is addicted to drugs or alcohol, and that substance abuse is occurring in the presence of the children, then there is a rebuttable presumption that that parent is unfit to take care of that child. Read more »Will COVID-19 Impact Grandparents’ Rights Cases?
We've all been inundated with COVID-19 stories in the news lately, and maybe you've been paying attention. I've seen that the Tulsa court system, along with other court systems in Oklahoma, has been put into a bit of a tailspin. Right now, cases are slated to begin again sometime in May. Read more »