Guardianship

Legal guardianship’s in Oklahoma provide a non-parent third party to have legal custody of a minor child. Guardianship’s in Oklahoma can be created by agreement.  They are also granted upon a finding that an emergency exists and neither parent is presently fit (meaning physical, emotionally, and even financially) to have custody, care and control of their own child. Further, Oklahoma GuardianshipGuardianship attorneys actions are highly emotional matters. If you are in need of Guardianship attorneys in Tulsa we can help. At Tulsa Divorce Attorneys and Associates we have the skill and experience you need to meet all your Family Law and Guardianship needs.

Order of Preference in Guardianship Cases:

1. A parent;
2. A grandparent;
3. A person indicated by the wishes of a deceased parent;
4. A relative of either parent;

5. The person in whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent; or
6. Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

Other Guardianship Concerns:

When seeking a guardianship in Oklahoma, the individual(s) seeking appointment as the guardian of a minor child or ward, must demonstrate to the court that:

1. That both parents are unfit to care for the child(ren);

2. That the parents are otherwise unavailable to care for and support the child;

3. That the child(ren) would be at risk of irreparable harm if returned to the custody of the parent(s).

4. They are not currently a guardian of another individual.

5.They are not minors.

6.They are a convicted felon, not insolvent, and have not declared bankruptcy during the previous six years.

7.They are not subject to the registration requirements of the Oklahoma Sex Offenders Registration Act.

8. They are not be under any financial obligations to children or otherwise have any other conflict of interest that would preclude or be substantially detrimental to their ability to act in the best interest of the child(ren).

Most importantly this individual must be willing and able to serve as a guardian, demonstrated by completing and presenting a plan for care and treatment of the minor child(ren) to the court.

Once The Guardianship is Granted:

Once a guardianship is granted the appointed guardian must file a yearly report with the court setting out how they have taken care of the child(ren), how they will continue to care for the child(ren), and list any expenses they incurred for the child(ren) and if applicable, how they spent the child(ren)’s money.

The one thing to note is that Oklahoma guardianship’s are only temporary. During a guardianship proceeding, the parents receive a treatment plan.  They will need to meet certain goals prior to receiving the return of their child(ren). If a parent has successfully completed this plan to the court’s approval, then the guardianship terminates. The guardianship judge has no authority to award the former guardian any sort of visitation once the guardianship terminates. The purpose of an Oklahoma guardianship is to place a child in a safe environment while the parents take the opportunity and time to correct any conditions that placed the child in harms way.

Contact Tulsa Oklahoma Guardianship Attorneys:

If you believe you want to file for guardianship or want to contest a guardianship, please contact our Guardianship attorneys today. We offer a Free consultation and will meet with you to discuss your case. Call 539-302-0303 or send an email today.