Grandparents rights

[Krystalbubbles]

What is the name of your state? Oklahoma

My husband just recieved a call on his cell phone stating that his parents were in the process of suing us for grandparents rights. We have not denied them access to the children in any way other than the fact that we will not take them up to their home after they tried to keep the children from us. We have told them that we are more than willing to meet them somewhere so that they could see the children and they still refuse to do that. We are unwilling to meet them on their terms due to the fact that they have refused our children from us. From all that I have read up on, it sounds like this can only be done if my husband and I were unmarried? Can anyone help me with this situation?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Oklahoma

My husband just recieved a call on his cell phone stating that his parents were in the process of suing us for grandparents rights. We have not denied them access to the children in any way other than the fact that we will not take them up to their home after they tried to keep the children from us. We have told them that we are more than willing to meet them somewhere so that they could see the children and they still refuse to do that. We are unwilling to meet them on their terms due to the fact that they have refused our children from us. From all that I have read up on, it sounds like this can only be done if my husband and I were unmarried? Can anyone help me with this situation?

My response:

Please read, and follow, Rule #1, at the top of this page. We have discussed this subject innumerable times on this site. Use the word "Troxel" as your search term. Read.

IAAL

 

[Bay1954]

Herbst OK-1998 intact families cannot be sued.
I believe you are alright. But I am not up on current OK legislative action or case law.

 

[I AM ALWAYS LIABLE]

Herbst OK-1998 intact families cannot be sued.
I believe you are alright. But I am not up on current OK legislative action or case law.

My response:

Bay1954 - -

Have you ever read Troxel v. Granville (2000) 530 U.S. 57, 120 S.Ct. 2054 ? If you haven't read it yet, please do. If you have any questions about it, well, I'm sure it's already been been covered on this site.

It doesn't matter what Oklahoma law says. It's what the United States Supreme says that counts.

IAAL

 

[Bay1954]

IAAL--
We've spoken before. I am quite familiar with Troxel as I assisted in developing and writing an amicus brief in favor of the parents in that case.
Troxel is now being tested state by state. Some states have used Troxel to declare that their current GPV laws are unconstitutional. Other states have maintained thorugh case law that their current GPV statutes pass muster.
I am not certain where OK is at with all of this. I know only a few states have thrown out GPV (at least for the present until they rewrite the statutes) owing to Troxel.
Best regards,
Bay

 

[jez51]

So far in Ok the GP law does not apply to intact families, so the OP should be safe. From what I hear it's not working for divorced cases either.

 

[Krystalbubbles]

I am sorry, I didn't realize that there were so many cases out there already. I really didn't think about things before I posted. But from what I can gather, there was only one case before that went to the Oklahoma supreme court and that was Herbst vs. Sayre, then that one ended up for the parents. I just think that this situation is a little different than that due to the fact that my in laws had kept my children while I was in the hospital, for mental health reasons. I am just scared to death here because they tried to take my kids from me, then called CPS, which have already visited. Now I am enrolled in something called OCS were they come out once a week for 2-3 hours for 3-6 months just to get the case closed all because I am bipolar and my mil says that I am going to kill my kids. From my understanding the OCS is more of a mental health agency, but I can't get them to tell me anything. That is why I am so scared here, it's not the fact that they are going to sue us for this, it's the fact that based on my mental health history, they could win and that would not be in the best interest for my kids at all.