Legal Question in Family Law in Oklahoma

Grandparent Rights

I would like to have legal visitation with my grandson. He lives in Oklahoma and I live in Texas. How do I get started?

Asked on 12/14/01, 12:00 pm

1 Answer from Attorneys

Darren Schraeder Schraeder Law Office

Re: Grandparent Rights

I am not sure what the Oklahoma law is on Grandparents rights. Since you live in Texas and he is Oklahoma, I would assume that you have not had care, custody and control of that child for six months or that he has not resided with you for six months. If he has lived with you in Texas for six months and he has not been in Oklahoma for over 90 days, you may have standing to file in Texas. If not, then Oklahoma is the place you have to file suit. Last year the Supreme Court of the United States came down with the Troxel decision that states that the state does not have the right to tell a parent who that parent must let their child visit. This, on its face, was very troubling to the Grandparent rights folks who stand for the propostition that continuing access to grandchildren is a right. In reality, I have not seen the Troxel decision kill any of my Grandparent access cases here in Texas. The Texas statute is much more narrowly drawn than the statute the Supreme Court struck down. You should call either the Oklahoma Bar Association or the county bar association where the child resides and get a referral to speak with an attorney there.

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Answered on 12/14/01, 12:47 pm

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