You may wonder if you have any rights as a grandparent regarding your grandchildren. It turns out that you do have some rights under Oklahoma law and there are situations in which those rights can become important. Whether it is gaining visitation rights, getting temporary or long-term guardianship of your grandchildren, or adoption, we are here to help. These can be important and difficult cases and you may need the help of an experienced Payne County grandparents’ rights attorney.
Grandparents in Payne County, Oklahoma, have the right to petition for visitation, guardianship, or custody of their grandchildren under certain circumstances. Visitation rights allow grandparents to visit with their grandchildren on a regular basis. Custody gives the grandparents legal responsibility for the care and upbringing of their grandchildren. In some cases, it may be possible for grandparents to act as foster parents for their grandchildren, either formally or informally. Likewise, there are times when a grandparent may wish to seek guardianship of their grandchild.
Changes in the Nuclear Family Can Signal a Need for Help
Changes in the nuclear family such as divorce, separation, adoption, the incapacity of a parent due to illness, or even the incarceration of a parent can signal the need for a grandparent to step in to help. In all of these situations, a court, if petitioned, may extend legal rights to a grandparent if it is in the best interests of the child to do so. However, it is important for grandparents to understand that their rights are secondary to the rights of the parents and must not conflict with them.
Grandparents’ Rights May Need a Petition
It is important to work with an experienced an Oklahoma grandparents’ rights attorney in the preparation, filing, and service of a petition concerning a grandchild. The petition can be for visitation, guardianship, or even custody. Your petition to the court should include a number of facts, including the reasons why you are seeking additional rights with your grandchild. It also needs to be served in a timely fashion on all the relevant parties in order to allow the parties time to object to your request. After the filings are complete, the court will hold a hearing on the matter and then render its decision.
Factors That the Court May Consider
Oklahoma law is the starting point for grandparent rights. Grandparents may be able to seek visitation or other rights if the parents of the child are divorced if the child’s parent has died, if one of the parents of the child is incarcerated, or if the child has been placed in foster care. Granting rights must be in the child’s best interests. Okla. Stat. tit. 43 § 109.4.
In addition, a court will consider the length and level of the child’s relationship with the grandparent and how that relationship adds or detracts from the overall well-being of the child. When the child is in need of a stable environment, the court will look to the stability of the grandparents’ home and their ability to care for the child.
It is important for grandparents to understand that the process of petitioning for grandparents’ rights can be complex and may require the assistance of a skilled attorney. An experienced Payne County Grandparents Rights Attorney can help navigate the legal system and advocate for the rights of grandparents to maintain a relationship with their grandchildren. If you are a grandparent seeking to establish or maintain a relationship with your grandchildren, it is important to seek the help of an attorney as soon as possible.
Initial Strategy Session with Stillwater Grandparents Rights Attorney
A Stillwater grandparents’ rights attorney who can assess your legal matters is just a phone call away. Let us see what we can do to help you and your grandchildren. Your initial consultation is low-cost at Wirth Law Office in Stillwater: (405) 673-1600.
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