Grandparents and Third-Party Custody/Visitation

One of the things about a divorce that is often overlooked is the impact that it has on the extended family. If you picture the typical scene at a wedding reception you see how the families of the bride and groom are coming together to make a larger whole. In many cases some very close relationships develop and these can become awkward in the wake of a divorce. And of all the relatives, none is impacted more profoundly than the grandparents of the divorcing couple’s children.

If you haven’t had any reason to research the statistics surrounding divorce proceedings you may not realize that 90% of divorces are uncontested. Indeed, most people can work together cooperatively when they are going through a divorce. In this spirit grandparents are usually given liberal access to visitation with their grandchildren, but there are exceptions.

In the state of Oklahoma grandparents can petition the court to order visitation rights under certain circumstances. For one thing the parents must be living separately; if the family is intact the grandparents have no legal recourse if they are denied visitation. If this condition is met, the court will use its discretion to discern whether or not visitation with the grandparents is in the best interests of the children.

It may seem as though only a very bitter and irresponsible parent would deny a grandparent the right to visitation, but parents do have a right to raise their own children as they see fit. There are instances when grandparents will use their visitation time to undermine the relationship that their grandchildren have with one or both of their parents. Safety issues may come into play as well, so the issue of grandparents visitation is not as completely one-sided as it may sound.

Grandparents and other third parties can also be awarded custody of dependent children at the discretion of the court. But if the child or children in question are living with a parent the grandparent or interested third party would have to prove that the parent was an unfit custodian.

For legal advice regarding grandparents and third-party custody/visitation, contact an Oklahoma City OK family lawyer to arrange for a free consultation.