1. A. Upon the death of a parent of an unmarried minor child, a parent of the unmarried minor child or a parent of a minor sibling of the unmarried minor child may file a verified petition to commence an action requesting rights of visitation between the siblings. The court may award reasonable rights of visitation between the siblings if the court determines that visitation is in the best interests of the siblings.

2. B. In determining whether visitation is in the best interests of the siblings, the court shall consider:

   1. 1. The willingness of the parents of the siblings to encourage or maintain a relationship between the siblings;
   2. 2. The length and quality of the relationship between the siblings including, but not limited to, whether the siblings previously resided together in the same household;
   3. 3. The time which has elapsed since the siblings last had contact;
   4. 4. The preference of the siblings, if they are of sufficient maturity to express a preference;
   5. 5. The effect that visitation will have on the relationship between the siblings and their parents;
   6. 6. The mental and physical health of the siblings; and
   7. 7. All other factors appropriate to the particular circumstances.
3. C. The district courts are vested with jurisdiction to issue orders granting visitation between siblings and to enforce these orders.
4. D. Notice as required by Section 2004 of Title 12 of the Oklahoma Statutes shall be given to all parents of the siblings.
5. E. Venue of an action under this section shall be in the county where the siblings reside or, if the siblings reside in different counties, in the county where the respondent resides.
6. F. The court may determine the location for visitation ordered pursuant to this section and require any transportation costs or other costs arising from visitation to be paid by a parent or parents of the siblings as the court deems equitable.
7. G. Any visitation rights granted pursuant to this section before the adoption of a sibling shall automatically terminate if the sibling is adopted by a person other than a stepparent or grandparent of the sibling.
8. H. In any action for sibling visitation pursuant to this section, the court may award attorney fees and costs, as the court deems equitable.

9. I. As used in this section:

   1. 1. "Sibling" means sister, brother, stepsister, stepbrother, halfsister, halfbrother, adopted sister, or adopted brother; and
   2. 2. "Parent" means biological parent, stepparent, adoptive parent, or legal guardian of a minor.

Added by Laws 1999, SB 264, c. 383, § 2, eff. November 1, 1999