A. 1. Pursuant to the provisions of this section, any grandparent of an unmarried minor child may seek and be granted reasonable visitation rights to the child which visitation rights may be independent of either parent of the child if:
2. The right of visitation to any grandparent of an unmarried minor child shall be granted only so far as that right is authorized and provided by order of the district court.
B. Under no circumstances shall any judge grant the right of visitation to any grandparent if the child is a member of an intact nuclear family and both parents of the child object to the granting of visitation.
C. If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings shall not terminate any preexisting court-granted grandparental rights belonging to the parents of the deceased natural parent unless the termination of visitation rights is ordered by the court having jurisdiction over the adoption after opportunity to be heard, and the court determines it to be in the best interest of the child.
D. 1. If the child has been born out of wedlock and the parental rights of the father of the child have been terminated, the parents of the father of the child shall not have a right of visitation authorized by this section to the child unless:
2. If the child is born out of wedlock and the parental rights of the mother of the child have been terminated, the parents of the mother of the child shall not have a right of visitation authorized by this section to the child unless the court determines that a previous grandparental relationship existed between the grandparent and the child.
3. Except as otherwise provided by this section, the district court shall not grant to any grandparent of an unmarried minor child, visitation rights to that child:
E. 1. In determining the best interest of the minor child, the court shall consider and, if requested, shall make specific findings of fact related to the following factors:
2. For purposes of this subsection:
F. 1. The district courts are vested with jurisdiction to issue orders granting grandparental visitation rights and to enforce visitation rights, upon the filing of a verified petition for visitation rights or enforcement thereof. Notice as ordered by the court shall be given to the person or parent having custody of the child. The venue of such action shall be in the court where there is an ongoing proceeding that involves the child, or if there is no ongoing proceeding, in the county of the residence of the child or parent.
2. When a grandparent of a child has been granted visitation rights pursuant to this section and those rights are unreasonably denied or otherwise unreasonably interfered with by any parent of the child, the grandparent may file with the court a motion for enforcement of visitation rights. Upon filing of the motion, the court shall set an initial hearing on the motion. At the initial hearing, the court shall direct mediation and set a hearing on the merits of the motion.
3. After completion of any mediation pursuant to paragraph 2 of this subsection, the mediator shall submit the record of mediation termination and a summary of the parties' agreement, if any, to the court. Upon receipt of the record of mediation termination, the court shall enter an order in accordance with the parties' agreement, if any.
4. Notice of a hearing pursuant to paragraph 2 or 3 of this subsection shall be given to the parties at their last-known address or as otherwise ordered by the court, at least ten (10) days prior to the date set by the court for hearing on the motion. Provided, the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances.
5. Appearance at any court hearing pursuant to this subsection shall be a waiver of the notice requirements prior to such hearing.
6. If the court finds that visitation rights of the grandparent have been unreasonably denied or otherwise unreasonably interfered with by the parent, the court shall enter an order providing for one or more of the following:
7. If the court finds that the motion for enforcement of visitation rights has been unreasonably filed or pursued by the grandparent, the court may assess reasonable attorney fees, mediation costs, and court costs against the grandparent.
G. In addition to any other remedy authorized by this section or otherwise provided by law, any party violating an order of the court made pursuant to this section, upon conviction thereof, shall be guilty of contempt of court.
H. Any transportation costs or other costs arising from any visitation ordered pursuant to this section shall be paid by the grandparent or grandparents requesting such visitation.
I. In any action for grandparental visitation pursuant to this section, the court may award attorney fees and costs, as the court deems equitable.
J. For the purposes of this section, the term "grandparent" shall include "great-grandparent".
R.L. 1910, § 4368. Amended by Laws 1971, c. 82, § 1, emerg. eff. April 26, 1971; Laws 1975, c. 185, § 1, emerg. eff. May 23, 1975; Laws 1978, c. 71, § 1; Laws 1981, c. 273, § 1; Laws 1984, c. 82, § 1, emerg. eff. April 4, 1984; Laws 1989, c. 211, § 1, eff. Nov. 1, 1989; Laws 1990, c. 206, § 1, emerg. eff. May 14, 1990; Laws 1996, c. 297, § 20, emerg. eff. June 10, 1996; Laws 1997, c. 389, § 19, eff. Nov. 1, 1997; Laws 1999, c. 383, § 1, eff. Nov. 1, 1999; Laws 2000, c. 246, § 1, eff. Nov. 1, 2000; Laws 2003, c. 268, § 1, eff. Nov. 1, 2003; Laws 2007, c. 102, § 1, emerg. eff. May 7, 2007; Laws 2008, c. 290, § 1, emerg. eff. June 2, 2008. Renumbered from § 5 of Title 10 by Laws 2009, c. 233, § 197, emerg. eff. May 21, 2009. Amended by Laws 2016, c. 60, § 1, eff. Nov. 1, 2016.
Structure Oklahoma Statutes
§43-3.1. Recognition of marriage between persons of same gender prohibited.
§43-5. Application - Fees - Issuance of license and certificate.
§43-5.1. Premarital counseling.
§43-7. Solemnization of marriages.
§43-8. Endorsement and return of license.
§43-9. Records - Return of original.
§43-10. Evidence before issue of license.
§43-11. Copy of record - Admission as evidence.
§43-14. Penalty for performing unlawful marriage.
§43-15. Miscellaneous offenses - Penalties.
§43-16. Soliciting in or near court house or grounds prohibited.
§43-17. Punishment for violations.
§43-18. Injunction against violations.
§43-102. Residence of plaintiff or defendant.
§43-103. Venue for any action for divorce, annulment of a marriage or legal separation.
§43-104. Personal jurisdiction in certain divorce actions.
§43-104.1. District court referees.
§43-105. Petition and summons.
§43-107.2. Actions where minor child involved - Court-ordered educational program.
§43-107.4. Motion for an emergency custody hearing.
§43-108. Parties in equal wrong - Custody of children - Disposition of property.
§43-109.1. Custody during parents' separation.
§43-109.2. Paternity determination.
§43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.
§43-109.4. Grandparental visitation rights.
§43-109.5. Voluntary relinquishment of physical custody –Presumption.
§43-110. Automatic temporary injunction – Temporary orders.
§43-110.1. Shared parenting - Policy.
§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy – Definitions.
§43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation.
§43-111.1A. Standard visitation schedule – Advisory guidelines.
§43-111.2. Civil action for child stealing.
§43-112. Care and custody of children.
§43-112.1A. Definitions - Child support - Parental rights and duties – Actions and jurisdiction.
§43-112.2A. Parent's right to change child's residence.
§43-112.3. Notice of proposed relocation or change of residence.
§43-112.4. No duty to maintain stepchildren.
§43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking.
§43-112.7. Modification of custody - Military deployment.
§43-112A. Central case registry on IV─-D cases and child support orders.
§43-113. Preference of child – Record of interview.
§43-114. Interest on court-ordered past-due child support payments and payments of suit monies.
§43-115. Order for child support or modification of order - Provision for income assignment.
§43-116. Security, bond or other guarantee for child support.
§43-117. Modification, suspension or termination of order for income assignment.
§43-118. Child support guidelines.
§43-118.1. Review of child support orders - Disclosure of financial status.
§43-118.2. Employer sponsored health care coverage.
§43-118.3. Request for wage and tax information.
§43-118.4. Assignment or transfer of child support benefits – Attorney fees.
§43-118C. Deductions from gross income for qualified other children.
§43-118E. Parenting time adjustment - Reduction in child support obligation.
§43-118F. Medical support order for health care coverage.
§43-118G. Actual annualized child care expenses.
§43-118H. Deviation from guidelines child support amount.
§43-118I. Modification of child support orders.
§43-119. Computation of child support obligations.
§43-120.4. Report of decision.
§43-120.5. Fees - Appointment.
§43-120.7. Court expert - Procedures.
§43-121. Restoration of maiden or former name - Alimony - Division of property.
§43-123. Remarriage and cohabitation - Appeal from judgment.
§43-125. Validation of decrees annulling marriage or granting divorce.
§43-126. Remarriage within six months as ground for annulment.
§43-127. Time when judgments in divorce actions become final - Effect of appeal.
§43-128. Avoidance of marriage of incompetents.
§43-129. Alimony without divorce.
§43-131. Residency in divorce cases.
§43-133. Setting aside of divorce decrees upon petition of parties.
§43-135. Lien for arrearage in child support payments.
§43-139. Legal right to child support.
§43-140. Problem-solving court program - Participation by obligors of state child support plan.
§43-150. Deployed Parents Custody and Visitation Act.
§43-150.2. Custodial responsibility – Jurisdiction - Residency.
§43-150.3. Deployed parent - Exercise of visiting rights by third party.
§43-150.4. Deployment orders - Copy to nondeploying parent.
§43-150.6. Temporary custody orders - Deploying parent privilege.
§43-150.7. Permissible court orders.
§43-150.8. Court-ordered visitation - Appearance at hearing - Rebuttable presumptions.
§43-150.9. Notification of completion of deployment.
§43-150.10. Bad faith - Penalties.
§43-205. Relations cannot be altered by contract - Separation agreements.
§43-206. Mutual consent as consideration for separation agreement.
§43-207. Manner of holding property - Inventory of separate property.
§43-208. Liability for acts and debts of spouse - Curtesy and dower abolished.
§43-209.1. Joint and several liability of husband and wife.
§43-209.2. Parent's liability for value of child's necessaries.
§43-210. Liability on abandonment or separation by agreement.
§43-211. Management, sale or encumbrance of property of one by the other, when.
§43-212. Contracts binding on both - Liability for acts - Suits and proceedings.
§43-213. Order set aside, when.
§43-214. Rights of married women.
§43-413. Payment of support through registry.
§43-421. Authorization of public or private agencies to provide registry - Maximum fee.
§43-423. Court order for participation in registry program.
§43-424. Forms for petition and court order - Modification of visitation rights.
§43-425. Court to hear applications for participation in registry within certain time.
§43-551-103. Proceedings governed by other law.
§43-551-104. Application to Indian tribes.
§43-551-105. International application of act.
§43-551-106. Effect of child custody determination.
§43-551-108. Notice to persons outside state.
§43-551-109. Appearance and limited immunity.
§43-551-110. Communication between courts.
§43-551-111. Taking testimony in another state.
§43-551-112. Cooperation between courts; preservation of records.
§43-551-201. Initial child custody jurisdiction.
§43-551-202. Exclusive, continuing jurisdiction.
§43-551-203. Jurisdiction to modify determination.
§43-551-204. Temporary emergency jurisdiction.
§43-551-205. Notice; opportunity to be heard; joinder.
§43-551-206. Simultaneous proceedings.
§43-551-207. Inconvenient forum.
§43-551-208. Jurisdiction declined by reason of conduct.
§43-551-209. Information to be submitted to court.
§43-551-210. Appearance of parties and child.
§43-551-302. Enforcement under Hague Convention.
§43-551-304. Temporary visitation.
§43-551-305. Registration of child custody determination.
§43-551-306. Enforcement of registered determination.
§43-551-307. Simultaneous proceedings.
§43-551-308. Expedited enforcement of child custody determination.
§43-551-309. Service of petition and order.
§43-551-310. Hearing and order.
§43-551-311. Warrant to take physical custody of child.
§43-551-312. Costs, fees, and expenses.
§43-551-313. Recognition and enforcement.
§43-551-315. Role of district attorney.
§43-551-316. Role of law enforcement.
§43-551-317. Costs and expenses.
§43-551-401. Application and construction.
§43-551-402. Transitional provision.
§43-601-101. Short title - Uniform Interstate Family Support Act.
§43-601-103. Tribunals and support enforcement agency.
§43-601-104. Remedies cumulative.
§43-601-105. Application to support proceedings.
§43-601-201. Bases for jurisdiction over nonresident
§43-601-202. Duration of jurisdiction.
§43-601-203. Initiating and responding tribunal of this state.
§43-601-204. Simultaneous proceedings in another state or foreign country
§43-601-205. Continuing, exclusive jurisdiction - Controlling order
§43-601-206. Request for enforcement of order by tribunal of other state
§43-601-207. Determination of controlling order.
§43-601-208. Child support orders for two or more obligees.
§43-601-209. Credit for payments
§43-601-210. Receipt of evidence from outside the state - Applicable law
§43-601-301. Proceedings under this act.
§43-601-302. Action by minor parent.
§43-601-303. Application of law of this state.
§43-601-304. Duties of initiating tribunal
§43-601-305. Duties and powers of responding tribunal.
§43-601-306. Inappropriate tribunal.
§43-601-307. Duties of support enforcement agency
§43-601-308. Powers of Attorney General.
§43-601-310. Duties of state information agency.
§43-601-311. Petition - Contents and accompanying documents
§43-601-312. Sealing of information.
§43-601-314. Limited immunity of petitioner
§43-601-315. Nonparentage as defense.
§43-601-316. Special rules of evidence and procedure
§43-601-317. Communications between tribunals
§43-601-318. Assistance with discovery.
§43-601-401. Petition to establish support order.
§43-601-402. Responding tribunal.
§43-601-501. Recognition of income-withholding order issued in another state.
§43-601-502. Employer obligations.
§43-601-503. Two or more income-withholding orders.
§43-601-504. Employer's civil liability limited.
§43-601-505. Willful noncompliance
§43-601-506. Contest of order.
§43-601-507. Administrative enforcement of orders.
§43-601-601. Registration of order for enforcement.
§43-601-602. Procedure to register order for enforcement
§43-601-603. Effect of registration for enforcement.
§43-601-604. Law, procedures and remedies to be applied
§43-601-605. Notice of registration of order
§43-601-606. Procedure to contest validity or enforcement of registered order
§43-601-607. Contest of registration or enforcement
§43-601-609. Procedure to register child support order of another state for modification.
§43-601-610. Effect of registration for modification.
§43-601-611. Modification of child support order of another state
§43-601-612. Recognition of order modified in another state.
§43-601-613. Jurisdiction - Applicability of provisions
§43-601-614. Filing of modified child support order.
§43-601-616. Registration of foreign child support orders - Petition for modification.
§43-601-702. Application of article.
§43-601-703. Department of Human Services as designated agency.
§43-601-704. Duties of Department of Human Services
§43-601-706. Registration of support order.
§43-601-707. Contest of a registered convention support order.
§43-601-708. Recognition and enforcement of registered convention support orders - Exceptions
§43-601-709. Severability of convention support orders.
§43-601-710. Recognition and enforcement of registered foreign support agreements - Exceptions.
§43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of order.
§43-601-712. Permissible uses of personal information.
§43-601-713. English translation.
§43-601-801. Grounds for rendition.
§43-601-802. Condition of rendition.
§43-601-901. Uniformity of application and construction.