Navigating Grandparent Visitation Rights in Oklahoma: Insights from Legal Expert Chase McBride

In our recent episode of The Legal Odyssey podcast, host Haylee Bramlet sat down with esteemed family law attorney, Chase McBride, to unravel the complex terrain of grandparent visitation rights in Oklahoma. Throughout this conversation Haylee and Chase highlight key insights for those fighting for grandparent visitation rights or even those defending against and adjusting grandparent visitation in Oklahoma. Chase reveals key areas that the court will investigate as well as the necessary evidence that should be presented during these types of cases. Listen to the podcast episode here or dive in below!

Can you share some insights into how your upbringing and your educational background have shaped your approach in practicing law day to day?

My dad was a district attorney, private practice and then he was actually a judge for 25 years. So he went on the bench when I was in first grade. I basically was raised around the legal system as far as learning how lawyers interact with each other. Then my brother, I was actually born the year he graduated high school. We are 18 years apart. He is also a lawyer. He’s a jag officer right now and his wife is actually an attorney as well. I think it’s just interesting when the family gets together, our conversations are probably a little different than most Thanksgiving and Christmas conversations.

Do grandparents in Oklahoma have the constitutional right to see their grandchildren?

No, one interesting thing about Oklahoma is we don’t have a constitutional right for any type of grandparent visitation rights or general grandparent rights. There is one statute that allows grandparents to get court ordered visitation under certain circumstances and it is within the marriage statute where divorces essentially are.

One of the requirements for grandparents in Oklahoma to get any type of visitation is to prove that the nuclear family, as we call it, has been disrupted. Most commonly, this is through a divorce, but it could also be the death of one of the parents. It could be if the parents were never married and a child was born out of wedlock.

How does a grandparent start the process of getting court ordered visitation rights?

One common mistake is, let’s say during a divorce, the opposing party would not want the other to see the grandparents and they start restricting that visitation in some way. One thing that I see is a common misconception is the grandparents will join in with their child in that divorce proceeding or in that custody proceeding. The statute in Oklahoma actually requires for grandparents to file their own separate petition and an action. There’s actually some case law out there that unless they do that the court doesn’t have jurisdiction, even if the court does agree with the grandparent, they can’t hear it unless they do that separate action. 

What evidence is essential in supporting a case for grandparent visitation rights?

The court’s going to look at three factors.

1. One, we just said, that the nuclear family has to be disrupted as we say.
2.  Court ordered grandparent visitation has to be in the best interest of the child, which pretty much any type of custody thing usually does.
3. The grandparent has to show that either the parent is unfit, or they have to show that the child will suffer harm if they don’t receive visitation with their grandparents.

One thing that I tell grandparents is, hey, if you’re going to come and you’re going to tell this court that this child’s going to suffer harm, we need to be able to show what that would be and, and the basis for that claim. A lot of times I will have them get family photos. I will get them to have witnesses if they’ve been in any type of big decisions, counseling, school activities, just to show that there’s a close bond between the grandparent and child. We need to be able to show that if all of a sudden the grandparent is taken from the child’s life, the child is going to suffer some sort of emotional harm.

What obstacles might one phase when they are fighting for grandparent visitation rights?

Several obstacles that we often encounter are around actually showing what the definition of harm is with a court. A lot of times if a child is in counseling that often benefits the grandparent because you can use that counselor as an expert witness to come in and testify that, hey, this child is telling me all about their grandparents and I think that the counseling will go south, anything like that. 

There are several aspects that the court will specifically consider, that are under the statute, that the grandparents should be prepared for. The list is numerous, but some that really stand out are:

•  The pre-existing relationship that the grandparent has had with the child.
• The motivations for seeking the visitation. I’ve seen cases where a grandparent really doesn’t want to see the child, but they really want control over their own parent or their own child and they’re doing it more as a flex, as we’ll say. The court will actually look into that motivation.
• The court will also look at the stability of the grandparents’ home. If a grandparent is saying, hey, this child needs to come to my house and see me, once a month or however often they’re asking for the court’s going to look at how safe is that home? Are you having people at home that the parents don’t want that child around?

What if you don’t have an expert witness to help support your case for grandparent visitation?

One thing that’s been interesting about my career is I’ve done both sides. I’ve represented parents in defending against grandparent visitation, or alternating it from what it originally was and then also I’ve represented a lot of grandparents in getting grandparent visitation.

One of the first things I like to ask grandparents is, What is the background and has the child ever lived with you? I will ask if they have participated in anything other than just standard holidays. Because it’s a pretty high burden for a grandparent to come in and for a court to tell a parent we’re going to take your right to choose who this child sees away from you and force this grandparent visitation.

One thing I always ask is if you only see them on major holidays: Christmas, Thanksgiving, Easter, fourth of July, some of the big ones; chances are you’re not going to meet that burden unless we can somehow get an expert witness to come in because they’re not going to have that diverse evidence like we talked about regarding, school records, photos, etc.

An ideal candidate with a great shot at winning a grandparent visitation rights case, is going say, hey, this child actually lived with me for certain time periods or I have routinely been the babysitter when the parents were working or doing something. Anything that really heightens it to a level that if this person goes away, it’s not just going to be dust in the wind, this child is going to miss this person and have some sort of emotional harm, sometimes even physical harm.

What advice would you give grandparents or families that may be facing challenges related to grandparent visitation?

My first piece of advice is not going to typical lawyer advice. Whether it’s the parents that are defending or it’s the grandparent trying to get the visitation rights. The biggest thing I can say is try to handle it outside of the courts. But if it doesn’t look like that’s not an option, which it is not an option for many families, I think start prepping for that litigation. Start making a journal of the dates and the times you saw the child and notate what you did. Write the dates and times something happened that causes you concern, take photographs with the child. This way can show the actual visual evidence to a judge that you’ve got this background. Anything you can really do to be part of the child’s life. Documentation, documentation, documentation is what it takes to win a grandparent visitation rights or any type of visitation rights case – from either side. 

How can someone find an attorney to assist with grandparent visitation in Oklahoma?

Definitely start by looking at family law attorneys. When you’re looking for someone with this type of specialty, you have to know that this is one statute out of thousands of statutes that we have. You need someone that is knowledgeable on this statute. One thing you can ask to gauge this is, “How many cases have you handled regarding grandparent visitation rights?” Ask, “What is your experience with grandparent visitation rights?” I don’t necessarily look at wins and losses as a good measurement because it’s not always up to the attorney whether or not they’re going to win or lose these types of cases.

I think one good measurement is, how many clients an attorney has advised on and what you thought the outcome would be versus what the outcome actually was. It’s one thing to be good at law school. It’s another thing to be good at actually practicing the law. So I would ask an attorney, “What have you actually done and what’s your experience in executing grandparent visitation rights types of cases?”

The conversation between Haylee Bramlet and Chase McBride offers valuable insights into the complexities surrounding grandparent visitation rights in Oklahoma. Understanding the legal nuances and collecting substantial evidence becomes pivotal in advocating for these rights.

While this discussion provides informative content, individuals seeking legal guidance should consult experienced family law attorneys well-versed in Oklahoma’s statutes on grandparent visitation. Search for a family law attorney in your area by visiting LawyerGuide.com today!