Grandparent Can File To Establish Visitation Rights If They Meet A Few Requirements
Video Transcribed: Do grandparents at Oklahoma have a right to visitation? Hi, my name is Justin Mosteller and I’m the grandparents rights attorney with the Wirth Law Office and I’m going to answer that question for you today. Now, by default, grandparents do not have visitation rights in the state of Oklahoma. The Oklahoma Constitution grants sole authority to make decisions about who the child associates with to the parents.
However, under Oklahoma law, a grandparent can file to establish visitation rights if they meet a few requirements. First and foremost, the nuclear family has to be disrupted. Now, that means that mom and dad have gotten a divorce, one of the parents has died or the child was born out of wedlock, or maybe the rights were terminated to one or both of the parents. In that situation, we
say that the nuclear family has been disrupted. Now, if that’s the case, you have to show that the grandparents seeking visitation rights has a preexisting relationship with the child and that it’s in the best interests of the child for that relationship to continue. Now that can be evidenced by photographs, witnesses who’ve seen the grandparent and the grandchild together and other evidence that can be produced to the court to satisfy that requirement.
Now, next you have to show that the grandparent is being denied a visitation and that denial is harmful to the child and contrary to the child’s best interests. Typically, when we get these cases, grandparents are being denied for silly reasons, and oftentimes, just filing the case, getting the parties altogether in a room, can lead to a resolution of the case by agreement without the need of a trial. But in the event that you have to put these issues on trial, then you need an attorney that’s prepared to do it and who understands the law.
Grandparent visitation has become a pretty significant part of my practice over the last couple of years and we’ve managed to serve dozens and dozens of grandparents in the state of Oklahoma to help them establish grandparent visitation. Kids need everyone that can love them to love them and be involved with their life in these types of situations. When we see grandparents rights, it means that the child is in a compromised home of some kind. And those children in particular need love from as many caring adults as they can get, and judges see it that way. So, if you’re being denied visitation with your grandchild in the state of Oklahoma and you think that you can satisfy those requirements, do not hesitate to reach out. We’d be happy to serve you. The Wirth Law Office can be reached at (918) 932-2800.