Grandparents are an integral part of many children’s lives which makes divorce or separation between parents difficult, especially if the relationship between in-laws was strained during the marriage. Divorce can impact how often a child can visit their grandparents. As a grandparent, you might ask yourself if you have any legal right to custody or visitation of your grandchildren. In Oklahoma, grandparents and caretakers with the desire to spend time with their grandchildren have certain legal rights to seek visitation, even if it is against the parent’s wishes. In this blog, our Tulsa family law attorney explains how grandparent’s rights work in Oklahoma. If you are a grandparent seeking to obtain visitation rights for your grandchildren, continue reading and contact our offices today!
Factors that Determine Grandparent Visitation Rights
When determining child custody, a family law judge is mainly focused on preserving the parent-child relationships. Generally, grandparents’ visitation rights are considered secondary.
According to the Oklahoma Supreme Court, grandparents visitation rights are considered when three of the following factors are present:
- Visits from the grandparents are in the best interests of the children
- The child’s parents are unfit, and harm to the child would occur if the grandparents didn’t have visitation rights.
- The nuclear family has dissolved due to any of the following circumstances:
- Parents have filed for divorce
- The grandchild’s parent is deceased
- Someone other than the child’s parent was awarded custody and the grandchild isn’t living in either parent’s home
- At least one of the child’s parents has been convicted of a felony and is currently incarcerated
- Grandparents had custody of the child at one point
- The parents deserted the child for at least one year
If all three of these factors are present, then the grandparent can receive a court-ordered visitation right. Are you a grandparent looking to file for custody visitation rights of your grandchild? Let the Bundren Law Firm P.C. help you get started today.
With over 100 years of combined experience on your side, our Tulsa family law attorney and her team can help you. Call today (918) 992-3300!