Grandparent's Rights in Oklahoma
Grandparents' rights are the rights a grandparent may have to request court-ordered visitation with a minor grandchild under certain circumstances. In most cases, parents retain the exclusive right to make decisions regarding their child's upbringing, including whether a grandparent may visit with the child. Oklahoma law allows grandparents who can demonstrate that the relationship between the grandparent and the child is so significant, ending it would harm the child--even if the parents disagree. Courts can order grandparental visitation over the objections of the parents if the court agrees such visitation is in the child's best interest.
Presumption of Fitness
Oklahoma law operates under a presumption of fitness; that is, Oklahoma presumes parents are fit to make a decision regarding a grandparent's visitation unless the grandparent proves otherwise. This allows parents to terminate the relationship between their child and a grandparent without further intervention, protecting the parents' rights to make decisions about their child. A grandparent must rebut this presumption by establishing that the parents are unfit to make a decision regarding visitation before she can bring a claim for grandparental visitation. If the grandparent cannot establish that the parents are unfit, she has no claim to visitation.
Substantial Relationship
A grandparent must demonstrate that there was a substantial, pre-existing relationship with the child prior to the parents' decision to terminate visitation. The court will consider the duration and magnitude when determining whether the relationship was significant. Grandparents who previously retained guardianship or custody of the child, with whom the child previously lived--with or without the parents--and who previously played a large part in the child's upbringing have a better chance of proving there was a substantial relationship. A grandparent who had no previous relationship with the child, even if the parents prevented such a relationship from forming, has no claim to grandparental visitation under Oklahoma law.
Interests of the Child
Oklahoma law requires that above all else, grandparental visitation be determined based on what is in the best interest of the child. The court will consider the fitness of the parents, the fitness of the grandparent and the existing relationship between the grandparent and child first. Other factors, such as the mental and physical fitness of the grandparent, the child's mental and physical needs, the child's school and extracurricular schedule and even the child's personal wishes, also play a large part in the court's decision when determining whether grandparental visitation truly is in the child's best interest.
Separation Divorce
Even if a grandparent meets all other requirements, he can only bring a claim for visitation when the child's family is no longer intact. If there is a pending or successfully completed action for divorce, legal separation or annulment the grandparent may be eligible to file a claim for visitation rights. If the marriage is still intact, then the grandparent cannot seek visitation rights.
Parental Desertion
If the grandparent's child, as the parent of the grandchild, deserts the child for more than one consecutive year, the grandparent may have a claim to visitation. The grandparent must be the legal parent of the parent who deserted the child, and she must establish a strong, continuous grandparental relationship with the child to qualify. The court will determine whether desertion occurred on a case-by-case basis.
Parental Death
Oklahoma law permits grandparents to seek visitation upon the death of one of the parents, provided the grandparent is the legal parent of the parent who passed away. The grandparent must prove there was a significant pre-existing relationship with the child that predates the death of the parent. The only exception is if the mother dies during or not long after childbirth due to complications directly related to giving birth to the child.
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