I visitation rights of my 3-year-old son. Can my mother visit my son when I am deployed on military duty?

Full question:

I reside in Oklahoma. I have visitation rights of my 3-year-old son. I will be deployed on military duty. During deployment, can my mother visit my son? Is there any provision available in this regard?

  • Category: Divorce
  • Subcategory: Visitation
  • Date:
  • State: Oklahoma

Answer:

In Oklahoma, the deploying parent can file an application to the court to designate a family member or another person with a close and substantial relationship to the child to exercise his or her visitation rights. The court may not make a designation only if it is not in the best interests of the child. The provisions in this regard have been provided in 43 Okl. St. § 150.3, which reads as follows:
“A. In order to ensure an ongoing relationship with the child while deployed, pursuant to the Deployed Parents Custody and Visitation Act, upon application to the court by the deploying parent, the court shall designate a family member or another person with a close and substantial relationship to the child to exercise his or her visitation rights, unless the court determines it is not in the best interests of the child.
B. Visitation awarded pursuant to this section derives from the deploying parent's own right to custodial responsibility. Neither this section nor a court order permitting designation shall be deemed to create any separate or permanent rights to visitation.”
 
In Oklahoma, the deploying parent can file an application to the court to designate a family member or another person with a close and substantial relationship to the child to exercise his or her visitation rights. The court will consider the best interests of the child. The provisions in this regard have been provided in 43 Okl. St. § 150.3, which reads as follows:
“A. In order to ensure an ongoing relationship with the child while deployed, pursuant to the Deployed Parents Custody and Visitation Act, upon application to the court by the deploying parent, the court shall designate a family member or another person with a close and substantial relationship to the child to exercise his or her visitation rights, unless the court determines it is not in the best interests of the child.
B. Visitation awarded pursuant to this section derives from the deploying parent's own right to custodial responsibility. Neither this section nor a court order permitting designation shall be deemed to create any separate or permanent rights to visitation.”
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Oklahoma, a mother can deny the father visitation rights only if there is a valid legal reason, such as concerns for the child's safety or well-being. If there is a court order granting visitation rights, the mother must comply with that order unless she can prove that visitation is not in the child's best interests. Denying visitation without a valid reason could lead to legal consequences.