Understanding Grandparents’ Rights and Options in Custody

The A&M TeamFamily Law

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In today’s world, many families are affected by divorce and separation. In the aftermath of these difficult situations, many grandparents unfortunately lose contact with their grandchildren. Many children enjoy and benefit from spending time with their grandparents, and vice versa. However, if parents do not want their children to spend time with the grandparents after a divorce or separation, it can be very difficult for the grandparents to do otherwise. In Oklahoma, grandparents may be granted visitation rights if the court deems it to be in the best interest of the child. grandparents_rights

In these cases, the grandparents must be able to prove parental unfitness, or that the child is in danger and may suffer harm in the absence of their presence. If you are wondering what your rights are, it may be beneficial to contact a guardianship attorney in Oklahoma. Here at Atkins & Markoff, our lawyers are highly trained and knowledgeable about such topics as divorce, custody, and grandparents’ rights. We will be able to go over your case one-on-one and determine whether or not you have the right to request visitation, or in some cases, sole custody.

Determining What Is In the Best Interest of the Children

All family law cases are difficult and can be quite emotional for the parties involved. The most important factor in these types of cases is understanding the best interest of the children. Regardless of their age, if the children have developed a positive, strong relationship with their grandparents, then it is typically in their best interest to continue seeing those grandparents.

Many grandparents who meet with one of our child custody lawyers in Oklahoma have noticeable developed strong relationships with their grandkids, whether it was from them living with them or just from frequent visits. In these situations, many judges will agree that it is in the best interest of the children to continue to maintain a relationship with their grandparents.

Additional Factors

When determining grandparents’ rights in Oklahoma, the following will be taken into consideration:

  • The importance of the grandchild continuing the preexisting relationship with the grandparent
  • The age of the grandchild
  • The willingness of the grandparent to encourage a parent-child relationship
  • The length, quality, and intimacy of grandparent-child relationship
  • The parental reasons for denying visitation
  • The mental and physical health of the grandparent
  • The stability of the family unit and environment
  • The moral fitness of the grandparents and parents
  • The character and behavior of all other people who resides in or frequents the homes of those involved
  • The emotional ties between the parent and child

These are just a few of the things that are looked at when determining grandparents’ rights in the event of a breakup, separation, or divorce between parents. To learn more about Oklahoma law or to meet with one of our attorneys today to discuss your options, please do not hesitate to contact us.