Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.

For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.

And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.

In Oklahoma, the courts prioritize the rights of parents in child custody matters, adhering to the principle that parents are presumed to be the best caretakers for their children. Grandparents may be granted custody only in exceptional circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Regarding visitation, Oklahoma law does provide for grandparent visitation rights under certain conditions. These conditions typically include situations where the child's parents are divorced, legally separated, deceased, or if the grandchild has been living with the grandparent. The court will consider the best interest of the child when determining whether to grant visitation or custody to grandparents. It's important to note that these rights are not automatic and grandparents seeking custody or visitation must petition the court and present a case that aligns with the legal standards set by Oklahoma statutes and case law.