Leake v. Grissom (1980)

Writing in dissent over forty years ago in a child-visitation case, Justice Opala admonished that "[w]e are free to unshackle ourselves from the straitjacket of the past" by "open[ing] the portals of equity." Leake v. Grissom , 1980 OK 114 , ¶ 8, 614 P.2d 1107, 1111 (Opala, J., dissenting).

Intrusion upon the privacy and sanctity of that bond can be justified only upon demonstration of a compelling state concern. ") (emphasis in original) ( Davis was overruled by statutory amendment to 10 § 1130, in that Davis had held independent counsel for a minor child was required only in state initiated cases regarding termination of parental rights, now privately initiated cases may require the minor to have independent representation as well); Leake v. Grissom, 1980 OK …

Leake v. Grissom, 614 P.2d 1107, 1110 (Okla.1980).

E.g., Leake v. Grissom, 614 P.2d 1107, 1109 (Okla.1980). .

Consistent with our opinions from 1998, 2000, and 2009, we again hold that 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 submit to court-ordered visitation without satisfying the non-parent's burden of showing harm or potential harm in the absence of such visitation. 126 In 1980, we stated that "A parent is under no legal obligation to permit a child to vis…

It has been said that "if the natural relationship of parent and child [already] exists, there is no need for a legally created relationship." Leake v. Grissom, 614 P.2d 1107, 1109 (Okla.1980). "[A]doption" has been defined by some courts as the establishment or creation of a legal relationship of parent and child between persons who were not so related by nature or law, whereupon the person adopted becomes the legal heir of his or her adopter, and the rights and duties of d…

It has been said that “if the natural relationship of parent and child [already] exists, there is no need for a legally created relationship.” Leake v. Grissom, 614 P.2d 1107, 1109 (Okla.1980). “[A]doption” has been defined by some courts as the establishment or creation of a legal relationship of parent and child between persons who were not so related by nature or law, whereupon the person adopted becomes the legal heir of his or her adopter, and the rights and duties of d…

Leake v. Grissom, 614 P.2d 1107, 1110 (Okl.1980); Smith v. Painter, 408 S.W.2d 785, 786 (Tex.Civ.App.1966); Succession of Reiss, 46 La.Ann. 347 , 15 So. 151 (1894).

See, e.g., In re Adoption of Kohorst, 75 Ohio App.3d 813 , 600 N.E.2d 843, 847 (1992); Matter of Estate of Baxter, 827 P.2d 184, 187 (Okl.App.1992); In re Adoption of Graham, 63 Ohio Misc. 22 , 409 N.E.2d 1067 (1980); Leake v. Grissom, 614 P.2d 1107, 1109 (Okl.1980); Campbell v. Kindred, 26 Or.App. 771 , 554 P.2d 599, 600-01 (1976); Marshall v. Marshall, 196 Cal. 761 , 239 P. 36, 38 (1925).

See, e.g., Leake v. Grissom (Okla.1980), 614 P.2d 1107, 1109 ; Gilbertson v. Gilbertson (Okla.1972), 498 P.2d 1381, 1384 (proceeding wherein natural father, after divorce, adopted his natural, legitimate child in order to frustrate divorce court’s award of custody to mother, was void) (citing with approval and following Marshall v. Marshall [1925], 196 Cal. 761 , 239 P. 36, 38 ); Petition of Curran (1943), 314 Mass. 91 , 49 N.E.2d 432 (such action allowed for purpose of legi…