Okla. Stat. tit. 43, § 43-109.4

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:

a. the district court deems it to be in the best interest

of the child pursuant to subsection E of this section,

and

b. 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, and

c. the intact nuclear family has been disrupted in that

one or more of the following conditions has occurred:

(1) 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,

(2) the grandchild's parents are divorced, separated

under a judgment of separate maintenance, or have

had their marriage annulled,

(3) 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,

(4) 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

Oklahoma Statutes - Title 43. Marriage and Family Page 32

grandchild's parent, or the grandchild does not

reside in the home of a parent of the child,

(5) 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,

(6) grandparent had custody of the grandchild,

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,

(7) 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,

(8) 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, or

(9) except 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.

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
dings 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

Oklahoma Statutes - Title 43. Marriage and Family Page 33

parents of the father of the child shall not have a right of

visitation authorized by this section to the child unless:

a. the father of the child has been judicially determined

to be the father of the child, and

b. the court determines that a previous grandparental

relationship existed between the grandparent and the

child.

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:

a. subsequent to the final order of adoption of the

child; provided however, any subsequent adoption

proceedings shall not terminate any prior court-

granted grandparental visitation rights unless the

termination of visitation rights is ordered by the

court after opportunity to be heard and the district

court determines it to be in the best interest of the

child, or

b. if the child had been placed for adoption prior to

attaining six (6) months of age.

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:

a. the needs of and importance to the child for a

continuing preexisting relationship with the

grandparent and the age and reasonable preference of

the child pursuant to Section 113 of this title,

b. the willingness of the grandparent or grandparents to

encourage a close relationship between the child and

the parent or parents,

c. the length, quality and intimacy of the preexisting

relationship between the child and the grandparent,

d. the love, affection and emotional ties existing

between the parent and child,

e. the motivation and efforts of the grandparent to

continue the preexisting relationship with the

grandchild,

f. the motivation of parent or parents denying

visitation,

g. the mental and physical health of the grandparent or

grandparents,

Oklahoma Statutes - Title 43. Marriage and Family Page 34

h. the mental and physical health of the child,

i. the mental and physical health of the parent or

parents,

j. whether the child is in a permanent, stable,

satisfactory family unit and environment,

k. the moral fitness of the parties,

l. the character and behavior of any other person who

resides in or frequents the homes of the parties and

such person's interactions with the child,

m. the quantity of visitation time requested and the

potential adverse impact the visitation will have on

the customary activities of the child, and

n. if both parents are dead, the benefit in maintaining

the preexisting relationship.

2. For purposes of this subsection:

a. "harm or potential harm" means a showing that without

court-ordered visitation by the grandparent, the

child's emotional, mental or physical well-being could

reasonably or would be jeopardized,

b. "intact nuclear family" means a family consisting of

the married father and mother of the child,

c. "parental unfitness" includes, but is not limited to,

a showing that a parent of the child or a person

residing with the parent:
showing that without

court-ordered visitation by the grandparent, the

child's emotional, mental or physical well-being could

reasonably or would be jeopardized,

b. "intact nuclear family" means a family consisting of

the married father and mother of the child,

c. "parental unfitness" includes, but is not limited to,

a showing that a parent of the child or a person

residing with the parent:

(1) has a chemical or alcohol dependency, for which

treatment has not been sought or for which

treatment has been unsuccessful,

(2) has a history of violent behavior or domestic

abuse,

(3) has an emotional or mental illness that

demonstrably impairs judgment or capacity to

recognize reality or to control behavior,

(4) has been shown to have failed to provide the

child with proper care, guidance and support to

the actual detriment of the child. The

provisions of this division include, but are not

limited to, parental indifference and parental

influence on his or her child or lack thereof

that exposes such child to unreasonable risk, or

(5) demonstrates conduct or condition which renders

him or her unable or unwilling to give a child

reasonable parental care. Reasonable parental

care requires, at a minimum, that the parent

provides nurturing and protection adequate to

meet the child's physical, emotional and mental

health.

Oklahoma Statutes - Title 43. Marriage and Family Page 35

The determination of parental unfitness pursuant to

this subparagraph shall not be that which is

equivalent for the termination of parental rights, and

d. "preexisting relationship" means occurring or existing

prior to the filing of the petition for grandparental

visitation.

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:

a. a specific visitation schedule,

b. compensating visitation time for the visitation denied

or otherwise interfered with, which time may be of the
or 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:

a. a specific visitation schedule,

b. compensating visitation time for the visitation denied

or otherwise interfered with, which time may be of the

same type as the visitation denied or otherwise

interfered with, including but not limited to holiday,

Oklahoma Statutes - Title 43. Marriage and Family Page 36

weekday, weekend, summer, and may be at the

convenience of the grandparent,

c. posting of a bond, either cash or with sufficient

sureties, conditioned upon compliance with the order

granting visitation rights, or

d. assessment of reasonable attorney fees, mediation

costs, and court costs to enforce visitation rights

against the parent.

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;