We represented a parent defending against a grandparent rights claim. At trial, our position was that the grandparent rights statute must be followed to the letter, and that the circumstances did not support a grandparent rights order. The trial court found that there was an exception in the case to the grandparent rights statute. We appealed the judgment. On appeal, the trial court’s order was reversed. Oklahoma case law recognizes that a parent’s right to custody and visitation is a fundamental constitutional right, and that right includes the parent’s right to determine if and when a child should visit third parties, including grandparents. Based on the circumstances, the appellate court authorized an award of attorney fees for our client.
Kathleen Egan and Aaron Bundy were both on the brief. This outcome is yet another in a series of appellate victories our law firm has obtained for clients in family law and other civil matters. When preparing for trial, we look for and anticipate potential evidentiary and legal issues to preserve them for appeal. Other law firms consult with us to help them prepare for appellate issues, and lawyers in the community refer their clients to us for appellate issues.
Prior results do not guarantee a similar outcome.