Mother sought certiorari. We hold: (1) A non-custodial non-parent third-party may not use the power of the State to compel a custodial parent to relinquish custody and control over that parent's child and obtain an order compelling visitation without satisfying that person's burden of showing harm or potential harm in the absence of such visitation, (2) A grandparent's rights to court-compelled visitation with a grandchild are statutory, and (3) we expressly overrule Sicking v. Sicking, 2000 OK CIV APP 32, 996 P.2d 471 and Hartness v. Hartness, 1999 OK CIV APP 138, 994 P.2d 1196, to the extent that they allow a grand-parent to obtain court-ordered visitation without either the consent of the custodial parent or application of Oklahoma's grandparent-visitation statute, 43 O.S.Supp. 2010 § 109.4[ 43-109.4].
We review this decision granting Defendants' motion to dismiss on a de novo basis. Hartness v. Hartness, 1999 OK CIV APP 138, 994 P.2d 1196. In its order granting Hospital's motion to dismiss, the trial court also found defendants Richard D. Warden (circulating nurse), V. Pierce (scrub nurse), C. Rodgers, R.N., J. Williams, R.N., and D. Pritchett, R.N. were employees within the meaning of the Act.
denied), this court held that § 5 was constitutional where, in a divorce action, the grandparents sought and received visitation over the objection of mother but with consent of father. In Hartness v. Hartness, 1999 OK CIV APP 138, 994 P.2d 1196, grandparents filed for visitation after the parents divorced. Mother objected while father consented.