{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-109.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-109.4","heading":"Grandparental visitation rights","body":"A. 1. Pursuant to the provisions of this section, any\n\ngrandparent of an unmarried minor child may seek and be granted\n\nreasonable visitation rights to the child which visitation rights\n\nmay be independent of either parent of the child if:\n\na. the district court deems it to be in the best interest\n\nof the child pursuant to subsection E of this section,\n\nand\n\nb. there is a showing of parental unfitness, or the\n\ngrandparent has rebutted, by clear and convincing\n\nevidence, the presumption that the fit parent is\n\nacting in the best interests of the child by showing\n\nthat the child would suffer harm or potential harm\n\nwithout the granting of visitation rights to the\n\ngrandparent of the child, and\n\nc. the intact nuclear family has been disrupted in that\n\none or more of the following conditions has occurred:\n\n(1) an action for divorce, separate maintenance or\n\nannulment involving the grandchild's parents is\n\npending before the court, and the grandparent had\n\na preexisting relationship with the child that\n\npredates the filing of the action for divorce,\n\nseparate maintenance or annulment,\n\n(2) the grandchild's parents are divorced, separated\n\nunder a judgment of separate maintenance, or have\n\nhad their marriage annulled,\n\n(3) the grandchild's parent who is a child of the\n\ngrandparent is deceased, and the grandparent had\n\na preexisting relationship with the child that\n\npredates the death of the deceased parent unless\n\nthe death of the mother was due to complications\n\nrelated to the birth of the child,\n\n(4) except as otherwise provided in subsection C or D\n\nof this section, legal custody of the grandchild\n\nhas been given to a person other than the\n\ngrandchild's parent, or the grandchild does not\n\nreside in the home of a parent of the child,\n\n(5) one of the grandchild's parents has had a felony\n\nconviction and been incarcerated in the\n\nDepartment of Corrections and the grandparent had\n\na preexisting relationship with the child that\n\npredates the incarceration,\n\n(6) grandparent had custody of the grandchild,\n\nwhether or not the grandparent had custody under\n\na court order, and there exists a strong,\n\ncontinuous grandparental relationship between the\n\ngrandparent and the child,\n\n(7) the grandchild's parent has deserted the other\n\nparent for more than one (1) year and there\n\nexists a strong, continuous grandparental\n\nrelationship between the grandparent and the\n\nchild,\n\n(8) except as otherwise provided in subsection D of\n\nthis section, the grandchild's parents have never\n\nbeen married, are not residing in the same\n\nhousehold and there exists a strong, continuous\n\ngrandparental relationship between the\n\ngrandparent and the child, or\n\n(9) except as otherwise provided by subsection D of\n\nthis section, the parental rights of one or both\n\nparents of the child have been terminated, and\n\nthe court determines that there is a strong,\n\ncontinuous relationship between the child and the\n\nparent of the person whose parental rights have\n\nbeen terminated.\n\n2. The right of visitation to any grandparent of an unmarried\n\nminor child shall be granted only so far as that right is authorized\n\nand provided by order of the district court.\n\nB. Under no circumstances shall any judge grant the right of\n\nvisitation to any grandparent if the child is a member of an intact\n\nnuclear family and both parents of the child object to the granting\n\nof visitation.\n\nC. If one natural parent is deceased and the surviving natural\n\nparent remarries, any subsequent adoption proceedings shall not\n\nterminate any preexisting court-granted grandparental rights\n\nbelonging to the parents of the deceased natural parent unless the\n\ntermination of visitation rights is ordered by the court having\n\njurisdiction over the adoption after opportunity to be heard, and\n\nthe court determines it to be in the best interest of the child.\n\nD. 1. If the child has been born out of wedlock and the\ndings shall not\n\nterminate any preexisting court-granted grandparental rights\n\nbelonging to the parents of the deceased natural parent unless the\n\ntermination of visitation rights is ordered by the court having\n\njurisdiction over the adoption after opportunity to be heard, and\n\nthe court determines it to be in the best interest of the child.\n\nD. 1. If the child has been born out of wedlock and the\n\nparental rights of the father of the child have been terminated, the\n\nparents of the father of the child shall not have a right of\n\nvisitation authorized by this section to the child unless:\n\na. the father of the child has been judicially determined\n\nto be the father of the child, and\n\nb. the court determines that a previous grandparental\n\nrelationship existed between the grandparent and the\n\nchild.\n\n2. If the child is born out of wedlock and the parental rights\n\nof the mother of the child have been terminated, the parents of the\n\nmother of the child shall not have a right of visitation authorized\n\nby this section to the child unless the court determines that a\n\nprevious grandparental relationship existed between the grandparent\n\nand the child.\n\n3. Except as otherwise provided by this section, the district\n\ncourt shall not grant to any grandparent of an unmarried minor\n\nchild, visitation rights to that child:\n\na. subsequent to the final order of adoption of the\n\nchild; provided however, any subsequent adoption\n\nproceedings shall not terminate any prior court-\n\ngranted grandparental visitation rights unless the\n\ntermination of visitation rights is ordered by the\n\ncourt after opportunity to be heard and the district\n\ncourt determines it to be in the best interest of the\n\nchild, or\n\nb. if the child had been placed for adoption prior to\n\nattaining six (6) months of age.\n\nE. 1. In determining the best interest of the minor child, the\n\ncourt shall consider and, if requested, shall make specific findings\n\nof fact related to the following factors:\n\na. the needs of and importance to the child for a\n\ncontinuing preexisting relationship with the\n\ngrandparent and the age and reasonable preference of\n\nthe child pursuant to Section 113 of this title,\n\nb. the willingness of the grandparent or grandparents to\n\nencourage a close relationship between the child and\n\nthe parent or parents,\n\nc. the length, quality and intimacy of the preexisting\n\nrelationship between the child and the grandparent,\n\nd. the love, affection and emotional ties existing\n\nbetween the parent and child,\n\ne. the motivation and efforts of the grandparent to\n\ncontinue the preexisting relationship with the\n\ngrandchild,\n\nf. the motivation of parent or parents denying\n\nvisitation,\n\ng. the mental and physical health of the grandparent or\n\ngrandparents,\n\nh. the mental and physical health of the child,\n\ni. the mental and physical health of the parent or\n\nparents,\n\nj. whether the child is in a permanent, stable,\n\nsatisfactory family unit and environment,\n\nk. the moral fitness of the parties,\n\nl. the character and behavior of any other person who\n\nresides in or frequents the homes of the parties and\n\nsuch person's interactions with the child,\n\nm. the quantity of visitation time requested and the\n\npotential adverse impact the visitation will have on\n\nthe customary activities of the child, and\n\nn. if both parents are dead, the benefit in maintaining\n\nthe preexisting relationship.\n\n2. For purposes of this subsection:\n\na. \"harm or potential harm\" means a showing that without\n\ncourt-ordered visitation by the grandparent, the\n\nchild's emotional, mental or physical well-being could\n\nreasonably or would be jeopardized,\n\nb. \"intact nuclear family\" means a family consisting of\n\nthe married father and mother of the child,\n\nc. \"parental unfitness\" includes, but is not limited to,\n\na showing that a parent of the child or a person\n\nresiding with the parent:\nshowing that without\n\ncourt-ordered visitation by the grandparent, the\n\nchild's emotional, mental or physical well-being could\n\nreasonably or would be jeopardized,\n\nb. \"intact nuclear family\" means a family consisting of\n\nthe married father and mother of the child,\n\nc. \"parental unfitness\" includes, but is not limited to,\n\na showing that a parent of the child or a person\n\nresiding with the parent:\n\n(1) has a chemical or alcohol dependency, for which\n\ntreatment has not been sought or for which\n\ntreatment has been unsuccessful,\n\n(2) has a history of violent behavior or domestic\n\nabuse,\n\n(3) has an emotional or mental illness that\n\ndemonstrably impairs judgment or capacity to\n\nrecognize reality or to control behavior,\n\n(4) has been shown to have failed to provide the\n\nchild with proper care, guidance and support to\n\nthe actual detriment of the child. The\n\nprovisions of this division include, but are not\n\nlimited to, parental indifference and parental\n\ninfluence on his or her child or lack thereof\n\nthat exposes such child to unreasonable risk, or\n\n(5) demonstrates conduct or condition which renders\n\nhim or her unable or unwilling to give a child\n\nreasonable parental care. Reasonable parental\n\ncare requires, at a minimum, that the parent\n\nprovides nurturing and protection adequate to\n\nmeet the child's physical, emotional and mental\n\nhealth.\n\nThe determination of parental unfitness pursuant to\n\nthis subparagraph shall not be that which is\n\nequivalent for the termination of parental rights, and\n\nd. \"preexisting relationship\" means occurring or existing\n\nprior to the filing of the petition for grandparental\n\nvisitation.\n\nF. 1. The district courts are vested with jurisdiction to\n\nissue orders granting grandparental visitation rights and to enforce\n\nvisitation rights, upon the filing of a verified petition for\n\nvisitation rights or enforcement thereof. Notice as ordered by the\n\ncourt shall be given to the person or parent having custody of the\n\nchild. The venue of such action shall be in the court where there\n\nis an ongoing proceeding that involves the child, or if there is no\n\nongoing proceeding, in the county of the residence of the child or\n\nparent.\n\n2. When a grandparent of a child has been granted visitation\n\nrights pursuant to this section and those rights are unreasonably\n\ndenied or otherwise unreasonably interfered with by any parent of\n\nthe child, the grandparent may file with the court a motion for\n\nenforcement of visitation rights. Upon filing of the motion, the\n\ncourt shall set an initial hearing on the motion. At the initial\n\nhearing, the court shall direct mediation and set a hearing on the\n\nmerits of the motion.\n\n3. After completion of any mediation pursuant to paragraph 2 of\n\nthis subsection, the mediator shall submit the record of mediation\n\ntermination and a summary of the parties' agreement, if any, to the\n\ncourt. Upon receipt of the record of mediation termination, the\n\ncourt shall enter an order in accordance with the parties'\n\nagreement, if any.\n\n4. Notice of a hearing pursuant to paragraph 2 or 3 of this\n\nsubsection shall be given to the parties at their last-known address\n\nor as otherwise ordered by the court, at least ten (10) days prior\n\nto the date set by the court for hearing on the motion. Provided,\n\nthe court may direct a shorter notice period if the court deems such\n\nshorter notice period to be appropriate under the circumstances.\n\n5. Appearance at any court hearing pursuant to this subsection\n\nshall be a waiver of the notice requirements prior to such hearing.\n\n6. If the court finds that visitation rights of the grandparent\n\nhave been unreasonably denied or otherwise unreasonably interfered\n\nwith by the parent, the court shall enter an order providing for one\n\nor more of the following:\n\na. a specific visitation schedule,\n\nb. compensating visitation time for the visitation denied\n\nor otherwise interfered with, which time may be of the\nor to such hearing.\n\n6. If the court finds that visitation rights of the grandparent\n\nhave been unreasonably denied or otherwise unreasonably interfered\n\nwith by the parent, the court shall enter an order providing for one\n\nor more of the following:\n\na. a specific visitation schedule,\n\nb. compensating visitation time for the visitation denied\n\nor otherwise interfered with, which time may be of the\n\nsame type as the visitation denied or otherwise\n\ninterfered with, including but not limited to holiday,\n\nweekday, weekend, summer, and may be at the\n\nconvenience of the grandparent,\n\nc. posting of a bond, either cash or with sufficient\n\nsureties, conditioned upon compliance with the order\n\ngranting visitation rights, or\n\nd. assessment of reasonable attorney fees, mediation\n\ncosts, and court costs to enforce visitation rights\n\nagainst the parent.\n\n7. If the court finds that the motion for enforcement of\n\nvisitation rights has been unreasonably filed or pursued by the\n\ngrandparent, the court may assess reasonable attorney fees,\n\nmediation costs, and court costs against the grandparent.\n\nG. In addition to any other remedy authorized by this section\n\nor otherwise provided by law, any party violating an order of the\n\ncourt made pursuant to this section, upon conviction thereof, shall\n\nbe guilty of contempt of court.\n\nH. Any transportation costs or other costs arising from any\n\nvisitation ordered pursuant to this section shall be paid by the\n\ngrandparent or grandparents requesting such visitation.\n\nI. In any action for grandparental visitation pursuant to this\n\nsection, the court may award attorney fees and costs, as the court\n\ndeems equitable.\n\nJ. For the purposes of this section, the term \"grandparent\"\n\nshall include \"great-grandparent\".\n\nR.L. 1910, § 4368. Amended by Laws 1971, c. 82, § 1, emerg. eff.\n\nApril 26, 1971; Laws 1975, c. 185, § 1, emerg. eff. May 23, 1975;","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3ff50a80471b272d33262bb288c80ccd2f2ec6a7634c15602fbd9dc077d49632","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-109.3","next":"us-ok/okla.-stat.-tit.-43-43-109.5"},"notice":"GroundRules: Original legal text. Not legal advice."}