Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“What is the proceedure in Oklahoma to file custody of my unborn grandchild, the mother is 17, unmarried and a meth user?”Oklahoma uses a “best interests” of the child standard. Grandparents may be of the class of people who can take custody of a child if the parents are found to be unfit. The child’s father may have something to say about all this, as his rights will be superior to yours. There is a program through the Oklahoma Department of Health and Human Services that you can check out that may facilitate your adoption. Having said that, there does not seem to be support of you bringing an action while the child is still in utero (See e.g. In re Unborn Child Julie Starks, 18 P.3d 342 (Okla. 2001) Holding “Oklahoma Children’s Code does not apply to a fetus, viable or nonviable.”)
Question: Would your daughter be willing to come into your home and let you take care of her during the pregnancy and after? Your argument for adoption would be bolstered in the future if you were the ones actually taking care of the child after it is born.
Answer:
I did not find anything that you can file yourself right now, so check with a local attorney. There are Health and Human Services programs available for your daughter if she is willing to attend. Perhaps nurturing her and encouraging her to seek help may be the best thing you can do right now for your yet-to-be-born grandchild, rather than running to the Courts.
