To terminate a guardianship over kids, there are several things you’ll need to prove to the court. If the court placed your children under a legal guardianship in Oklahoma—whether temporarily or long-term—you may wonder how to regain custody and terminate the arrangement. You must present convincing evidence that supports your ability to resume parenting. Below are the five key things you need to show the court when petitioning to terminate a guardianship.
1. You Resolved the Issues That Led to the Guardianship
To terminate a guardianship, you must prove that you corrected the problems that caused the court to grant guardianship in the first place. These issues could include substance abuse, incarceration, housing instability, and more.
You need to show the court that these issues no longer pose a risk to your children. This could include rehab completion records, therapy participation, letters from doctors or counselors, or proof of stable employment and living arrangements.
2. You Can Provide a Safe and Stable Home
Oklahoma courts prioritize the best interests of the child. To convince the court to return custody, you must demonstrate that you can provide a safe, stable, and nurturing environment. Judges want to see that your home is free of hazards, that your living situation is consistent, and that your basic needs—such as food, clothing, and supervision—can be met.
Showing that you have steady income, long-term housing, and the ability to meet your child’s emotional and physical needs will help strengthen your request.
3. You Have Reestablished a Relationship With Your Child
Courts expect parents seeking to terminate a guardianship to maintain or rebuild a meaningful relationship with their child. If you’ve remained in contact, attended school events, made phone calls, or participated in visitation, the court will see that you’ve stayed involved.
If the guardian prevented contact, you should document your efforts to remain in touch or request visitation. Rebuilding trust and bonding with your child will weigh heavily in your favor during a guardianship termination hearing.
4. You Can Make Responsible Parenting Decisions
The court must believe that you can make decisions that serve your child’s best interests. This includes choices related to education, healthcare, discipline, and emotional well-being. If you’ve completed parenting classes or obtained guidance from a counselor, present that to the court.
You should also prepare to show that you understand your child’s needs and can meet them consistently. Demonstrating emotional stability and maturity will give the court confidence in your ability to parent effectively.
5. Ending the Guardianship Serves the Child’s Best Interests
Ultimately, Oklahoma judges make guardianship decisions based on the best interests of the child—not just the desires of the parent. You must show that terminating the guardianship and returning the child to your care would benefit the child physically, emotionally, and developmentally.
The court may also consider the guardian’s position, how the child has adjusted to their current living arrangement, and how a transition back to your care would impact them. If the child is old enough, the judge may even consider their preferences.
Tulsa Guardianship Attorneys Are Here For You
We understand how difficult it is to be separated from your children and how hard you’ve worked to change your circumstances. If you hope to terminate a guardianship over your kids, our team at Tulsa Divorce Attorneys and Associates can help. Get a free consultation with a family law attorney by calling 539-302-0303. Or if you like, you can ask a free online legal question by following this link.