Category Archives: Legal

OBTAINING CUSTODY OF YOUR GRANDDAUGHTER LEGAL RIGHTS AND PROCEDURES

When a couple gets divorced, considerations are taken to determine the best course of action when it comes to custody of the child. Often, grandparents stay out of the equation: they have little or nothing to say about the well-being of their son or daughter’s granddaughter. In some cases, divorce can put an end to visits completely, resulting in a ways that are difficult to heal as children grow up. If you are a grandparent concerned about the outcome of your child’s divorce and you wonder if you will be allowed to see your granddaughter again, you know you have rights. Depending on the situation, in your heart you definitely say that I want to get custody of my grandaughter, and that is also possible.

 

Reasons to get custody of your granddaughter

Divorce is not the only catalyst that inspires grandparents to seek total or joint custody of minors in the family. Every time a child’s well-being is questioned, a grandparent has the right to offer a stable home and an environment of love. Consider the following examples:

  1. A parent or both parents are military in active duty and stationed abroad.
  2. A parent or both parents are incarcerated or admitted to drug rehab.
  3. A parent or both parents are experiencing financial problems due to due layoffs or medical problems.

There are many reasons why a biological parent may become incapable of caring for their children, leaving the question of custody open. As a grandparent and a direct relative, you may request that children be released into custody, either temporarily or permanently. There are currently three legal options available for you: temporary custody, guardianship and dependency requests. If you know that your children are in a situation where they need to place their children in a more stable domestic environment, they can apply for temporary custody.

Do grandparents have visitation rights?

Over the last few decades, a growing number of grandparents have been legislated out of existence. In response, grandparents have joined in approving the laws that give grandparents the right to request visitation in the event of a divorce or death of the parents. One by one, these laws were adopted in several ways, until all States had one, including Oklahoma. However, once the laws were established, grandparents who had visitation in a state were found to have to litigate again if their grandchild’s custodian moved to another state.

 

In this particular case, the grandparents, Gary and Jenifer Troxel, asked the court to allow them to visit the children of their deceased son who had committed suicide. No claim was made that the mother was an unfit father. The mother of the children was willing to allow some visitation rights to grandparents, but not the schedule of 2 weekends per month requested. The mother’s attorney argued that in the absence of evidence that the children were being harmed; the father must have absolute veto power as to who should be able to visit his children. The grandparents’ attorney argued that the state has the power to pass the law.

Judge Sandra Day O’Connor represented the majority by saying that “as long as a parent adequately cares for their children (i.e., fit), there is usually no reason for the state to incorporate into the private sphere of the family to further question the ability of That father to make the best decisions regarding the parenting of that Father’s children.  ”

In his opinion, Judge Arthur M. Kennedy stated that the Tribunal should have confronted, rather than avoided, the question of the constitutionality of laws regarding visitation rights for the benefit of children, how can grandparents get visitation rights.

Oklahoma law has followed the same analysis followed in the Troxel case.