Grandparents and Third-Party Custody/Visitation

When a married couple is having difficulty and considering whether or not filing for divorce is the best option, they will invariably recognize that the matter does not begin and end with them. If they are parents of the same children they will think long and hard about how a divorce will impact the lives of their dependents.

There is the matter of a broken family and the lack of both parents in the home, but there is an economic element as well. Many families depend on two incomes to maintain their standing of living, so the children will often experience a diminished quality of life should their parents divorce.

We have all heard of “staying together for the sake of the children,” and most couples are well aware of how a divorce can affect their children. But one thing that is often overlooked when people are mulling over a divorce is the way that it can impact the relationship between the grandparents and their grandchildren.

Most people understand how important these relationships are and they do nothing to stand in the way of grandparents visiting with their grandchildren, but there are exceptions. In the state of Oklahoma grandparents who are being denied visitation can petition the court to order visitation if certain conditions exist.

To simplify it, there are two main factors surrounding grandparent visitation issues in Oklahoma. First, the parents of the child or children in question must be living apart for the grandparents to be able to petition the court to order visitation. If this condition exists, the court will decide in large part based on what would appear to be best for the children; it is as simple as that.

In the state of Oklahoma grandparents and other third parties can be granted custody of dependent children under certain circumstances. However, if a custodial parent does not want to relinquish custody, the grandparents or other third party would have to prove the unfitness of the custodial parent.

For legal advice about grandparents and third party custody/visitation, contact a Lawton OK family lawyer to arrange for a free consultation.