Thank you for the reply. I was just checking as it appeared there have been questions asked in the past which were never accepted, so I just wanted to make sure when we finish, that you rate my help prior to leaving. With that being said, the circumstances in which a grandparent can be granted visitation rights are listed in the Oklahoma Grandparental Visitation statute, 43 Okl.St.Ann. § 109.4. The statute lists three requirements, all of which are mandatory, before a grandparent may be awarded visitation rights, namely: A. The district court deems it to be in the best interest of the child
pursuant to subsection E of this section, andB. There is a showing of parental unfitness, or the grandparent has rebutted, by clear and convincing evidence, the presumption that the fit parent is acting in the best interests of the child by showing that the child would suffer harm or potential harm without the granting of visitation rights to the grandparent of the child, andC. The intact nuclear family
has been disrupted in that one or more of the following conditions has occurred:an action for divorce
, separate maintenance
or annulment involving the grandchild's parents is pending before the court, and the grandparent had a preexisting relationship with the child that predates the filing of the action for divorce, separate maintenance or annulment,the grandchild's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage
annulled,the grandchild's parent who is a child of the grandparent is deceased, and the grandparent had a preexisting relationship with the child that predates the death of the deceased parent unless the death of the mother was due to complications related to the birth of the child,except as otherwise provided in subsection C or D of this section, legal custody of the grandchild has been given to a person other than the grandchild's parent, or the grandchild does not reside in the home of a parent of the child,one of the grandchild's parents has had a felony conviction and been incarcerated in the Department of Corrections and the grandparent had a preexisting relationship with the child that predates the incarceration,grandparent had custody of the grandchild pursuant to Section 21.3 of this title, whether or not the grandparent had custody under a court order, and there exists a strong, continuous grandparental relationship between the grandparent and the child,the grandchild's parent has deserted the other parent for more than one (1) year and there exists a strong, continuous grandparental relationship between the grandparent and the child,except as otherwise provided in subsection D of this section, the grandchild's parents have never been married, are not residing in the same household and there exists a strong, continuous grandparental relationship between the grandparent and the child, orexcept as otherwise provided by subsection D of this section, the parental rights
of one or both parents of the child have been terminated, and the court determines that there is a strong, continuous relationship between the child and the parent of the person whose parental rights have been terminated.As such, this is what you would need to show and prove. Now, as far as his visitation and it being reduced, the burden would be on her, as the moving party, to show that while the child is in his care he is drinking and under the influence of alcohol and unable to care for the child and he places the child in potential harm. There mere allegation alone is not enough, so unless she has evidence, her request is likely to be denied. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.