GRANDPARENT'S RIGHTS

AREAS OF PRACTICE





FATHER'S PARENTAL RIGHTS
LAW CENTER
3428 NW 178th
Edmond, OK 73012
Phone:       405.752.1300
Fax:         405.752.1705
_ WHAT RIGHTS DO GRANDPARENTS HAVE IN OKLAHOMA?


The law which sets out Grandparent's Rights in Oklahoma is 43 O.S. 109.4.  The parties may agree to allow grandparent visitation.  Absent such an agreement, the rights of Grandparents are limited in Oklahoma.  There is a legal presumption that a fit parent is acting in the best interests of the child if that parent refuses to permit Grandparent visitation.

Certain conditions must be met before a court will consider Grandparent visitation:

According to Oklahoma law, there has to be a "showing of parental unfitness." If not, the grandparent has the burden to prove that the child would suffer harm or potential harm if no visitation rights are granted to the grandparent.  In addition, according to section 109.4, the intact nuclear family has to have been disrupted due to at least one of the following conditions:

"(1) an action for divorce, separate maintenance or annulment involving the grandchild's parents is pending before the court, and the grandparent had a preexisting relationship with the child that predates the filing of the action for divorce, separate maintenance or annulment,

(2) the grandchild's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled,

(3) the grandchild's parent who is a child of the grandparent is deceased, and the grandparent had a preexisting relationship with the child that predates the death of the deceased parent unless the death of the mother was due to complications related to the birth of the child,

(4) except as otherwise provided..., legal custody of the grandchild has been given to a person other than the grandchild's parent, or the grandchild does not reside in the home of a parent of the child,

(5) one of the grandchild’s parents has had a felony conviction and been incarcerated in the Department of Corrections and the grandparent had a preexisting relationship with the child that predates the incarceration,

(6) grandparent had custody of the grandchild pursuant to Section 21.3 of this title, whether or not the grandparent had custody under a court order, and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(7) the grandchild's parent has deserted the other parent for more than one (1) year and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(8) except as otherwise provided..., the grandchild's parents have never been married, are not residing in the same household and there exists a strong, continuous grandparental relationship between the grandparent and the child, or

(9) except as otherwise provided..., the parental rights of one or both parents of the child have been terminated, and the court determines that there is a strong, continuous relationship between the child and the parent of the person whose parental rights have been terminated."

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We can assist you in identifying legal issues concerning Grandparent's Rights in your case.   If you have any questions for us, or would like information about setting up an appointment, please Click Here. 

                                    "ATTORNEYS HELPING DADS"          

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Thank you for visiting our site.  We are the original Father's Parental Rights Law Center, established by Oklahoma Attorneys Jay F. McCown and Tamra A. Spradlin with the mission to give Dads a voice in Court.  Our Attorneys have over 45 years of experience representing Fathers in Family Law litigation including: Divorce; (Contested and Uncontested), Child Custody, Child Support, Visitation, Modification, Visitation Enforcement Issues; DHS cases, Guardianship, Relocation and Paternity.  We understand the concerns of Fathers and will work to protect and preserve your rights to your  child(ren). 

    If you (or someone you know) need an Oklahoma Father's Rights Attorney, fill out the form below to Contact our Attorneys about the case. We are happy to help you and will provide information about your legal rights as a Father.
Cities and Counties we serve:  Our office is conveniently located in Oklahoma City, and we provide legal representation in all 77 counties in the state of Oklahoma.   If you are unable to travel to Oklahoma City to meet with one of our attorneys, we offer a telephone appointment for your convenience. 
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The information contained within this site is for general information purposes and is not intended to create an attorney/client relationship.  Copyright 2012 All rights are reserved.
3428 NW 178th, Edmond OK 73012
Jay F. McCown, Tamra A. Spradlin