Grandparents Rights in Oklahoma
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 »Can Oklahoma Grandparents Receive Child Support?
Tulsa Grandparents Rights attorney Justin Mosteller says is these situations where grandparents have stepped up and taken on the role of parent, then the court can order child support to help the grandparents maintain those children. In those situations, typically, you'll have a guardianship case, and the results of that guardianship case will usually include an order for the parents to pay child support to the grandparents.
Read more »Can a Parent Deny Grandparents Visitation in Oklahoma?
Under the Oklahoma constitution, parents have the right to decide who their children are going to be around and unless a court tells them otherwise, they're perfectly free to deny contact with the grandparent even when the child has a good relationship with that grandparent. Now, under Oklahoma law, if a parent is making that decision and you can satisfy several other requirements, the court might issue an order that can establish grandparents' rights, but in the absence of such an order, that parent is going to be free to deny contact with anyone the parent wants to trial to avoid.
Read more »How Much Visitation Will a Court Grant an Oklahoma Grandparent?
According to Oklahoma Grandparents Rights attorney Justin Mosteller, it is realistic in expecting something along the lines of one weekend a month and a share of holiday time. The idea for a grandparent visitation order is to maintain contact and maintain the preexisting relationship between the grandparent and the grandchild. Typically that's around the amount of time that courts will order in those scenarios. Read more »