Grandparent Visitation Rights in Oklahoma do exist but there are certain requirements that must be met. If you are like many, then you love your grandchildren and want to have a relationship with them. However, sometimes this is not possible because of strained relationships between you and your children, or strained relationships between your children the other parent. Often times, grandparents wonder what rights they have in Oklahoma with respect to their grandchildren. Here’s an overview of grandparent visitation rights in Oklahoma.
Grandparent Visitation Rights in 
Oklahoma Come From State Law
As a grandparent, your rights relating to your grandchildren are not rooted in the Constitution. Not only that, but the United States Supreme Court has made clear that a state such as Oklahoma cannot interfere with the parent’s ability to make decisions relating to the best interests of their child. This includes who is allowed to visit with their child. Despite these constraints, Oklahoma still provides certain protections to grandparents pursuant to Oklahoma statutes.
Rights To Visitation
Three are three major things that you must demonstrate as a grandparent to be granted visitation rights in Oklahoma:
1) It is in the best interests of your grandchild to visit you
2) Your grandchild’s parent is unfit (or your grandchild would suffer harm or possible harm without you being granted visitation rights)
3) The relationship between your grandchild’s parents has been disrupted
What Determines The Best Interests Of Your Grandchild?
The need and importance to your grandchild in maintaining a relationship with you
Your willingness to encourage a close relationship between your grandchild and their parent(s)
The length and quality of the relationship between you and your grandchild
The love and affection between your grandchild and their parent(s)
Your motive and efforts to continue an ongoing relationship with your grandchild
The reason for the parent’s denial of your visitation
The physical and mental health of you, your grandchild and their parents
Whether your grandchild is in a permanent family unit and stable environment
Your moral fitness
The behavior and character of those who frequent your home
The amount of visitation time that you seek and how that might affect your grandchild’s activities
If your grandchild’s parents are dead, the benefits to your grandchild in maintaining an existing relationship with you
What Determines Whether A Parent Is Unfit?
An unfit parent is basically someone who abuses their child, neglects their child, or fails to provide proper care for their child. It might not be easy to show that your grandchild’s parent is unfit since you must demonstrate this unfitness by clear and convincing evidence. In fact, courts actually presume that it is in your grandchild’s best interests to be with their parent.
In an Oklahoma grandparent rights case , showing unfitness can be a daunting task. Courts can consider a parent to be unfit when they can’t keep a job, frequently relocate their children, and don’t place their children in a steady living environment.
However, courts could find unfitness when a parent has drug or alcohol problems, violent behavior, or an illness that impairs their judgement. Unfitness is also demonstrated by a parent failing to support their child and who exposes them to unreasonable risks. This can include a parent who fails to nurture and protect their child for the sake of the child’s physical and mental well-being.
If you are unable to clearly demonstrate that your grandchild’s parent is unfit, then you could alternatively show the harm that your grandchild would go through without continuing to visit with you. However, this can be challenging as courts tend to presume that your grandchild’s parents know best.
What Does It Mean For The Family 
To Be Disrupted?
Oklahoma law requires you to show the disruption of your grandchild’s intact nuclear family. This is most commonly demonstrated by your grandchild’s parents going through a divorce, separation, or getting their marriage annulled. However, it could also include situations such as:
- Your child is deceased;
- One of the parents has a felony conviction and is in jail;
- One of the parents has deserted the other parent;
- Your grandchild is in your custody; or
- When your grandchild’s parents have never eloped or lived together.
However, in nearly all of these situations, you still have to show that you have an existing relationship with your grandchild.
When You Won’t Win Visitation As A Grandparent
Under Oklahoma statutes, if you are a step-grandparent, then you are not able to win visitation rights. Rather, you would be able to become a guardian in the event that you can demonstrate that your grandchild’s parent is unfit. Also, if you are a biological grandparent, then you are not able to win visitation rights if your grandchild’s parents are legally together and both of them agree that you should not have visitation. Absent limited circumstances, you also won’t win visitation if a grandchild under six years old is in the adoption process.
When You Can Expect Visitation Rights
To the extent that your child is in the process of gaining custody of your grandchild, then it is possible for your child to demonstrate at those legal proceedings that you should have a relationship with your grandchild. Your child would have to express their willingness to let you see your grandchild during their own visitation schedule. One way in which you could accomplish this is for your child to have you testify as to both your relationship with your grandchild and your past visitation with them. However, you may face opposition by your grandchild’s other parent. If you are successful, then your child’s custody order will allow you to visit the child without you having to file your own petition.
Critically, even if both of your grandchild’s parents get custody or a guardianship, it is possible for your child to allow you to visit your grandchild during your child’s visitation time. To the extent that your child wants you to have a relationship with your grandchild, and the visitation is in the grandchild’s best interests, then your grandchild’s other parent does not have a constitutional right to prevent you from visiting with your grandchild. Keep in mind that even if you are able to visit with your grandchild, your rights are not the same as the rights of your grandchild’s parents. Rather, your rights are dependent on your child winning custody which in turn permits you to visit your grandchildren. Learn more about filing for grandparent visitation, presenting evidence to the court and ongoing grandparent visitation and enforcement.
Tulsa Grandparent Visitation Rights Lawyer
It is not an easy task for grandparents to have legal visitation or custody of their grandchildren. For this reason, you should consult with an experienced family law attorney who is able to guide you through this process. Tulsa Divorce Attorneys and Associates Law Firm has helped many clients with family law matters including divorce, child custody, child support and more. Reach out to the experienced Grandparent right attorneys in Tulsa by calling (539) 302-0303 or by contacting us online.