In Oklahoma a Co-Guardianship between grandparents is possible if its in the best interest of the Grandchildren. When you’re considering the well-being of your grandchildren, especially in cases where the parents are unable to care for them, you might wonder if you, as a grandparent, can share guardianship duties with the other grandparent. This is indeed a possibility under certain conditions. Keep reading to learn more about the process of obtaining co-guardianship, the legal requirements, and the practical steps involved.
Who Can Be Awarded Guardianship?
First, it’s essential to grasp that in Oklahoma, the law prioritizes the child’s welfare in all decisions about custody or guardianship. According to Oklahoma law, there are several options for whom a court might award custody or guardianship. These include not only parents and grandparents but also other relatives and even non-relatives. This is true if they have demonstrated they can provide a stable and caring environment for the child.
As a grandparent, you fall into one of the categories that courts consider favorably when deciding who should look after a child. The law specifically lists grandparents as potential guardians if such an arrangement serves the best interest of the child. This is good news if you’re looking to share this responsibility with the other grandparent.
Factors Courts Consider in Awarding Co-Guardianship
When you apply for co-guardianship, the court will examine several factors to determine what’s best for the child. These factors include the existing relationship between the grandparents and the child. Also, the ability of the grandparents to provide a stable home for the kids. Additionally you must have no history of abuse or neglect by any parties involved.
Preference for Parents and Legal Process
It’s important to note that if both parents are alive and capable of caring for the child, they generally receive preference under the law. However, if there is evidence that living with the parents is not in the best interest of the child, then the court can award grandparents custody or guardianship. This might be the case if the parents are unable to care for the child due to issues like substance abuse, incarceration, or severe mental health issues.
How to Apply for Co-Guardianship
To start the process of gaining co-guardianship, you and the other grandparent will need to file a petition in the district court of the county where the child lives. It’s advisable to present a clear and detailed plan outlining how you will care for the child, including where the child will live, how you will handle schooling, medical care, and other important aspects of their daily life.
Evidence Matters
The court may require evidence and testimonials that support your case. This could involve showing that the child already has a strong bond with you and that they have been living in a stable environment under your care, if applicable. The court will look at all the evidence to ensure that granting co-guardianship is in the child’s best interests.
Legal Challenges and Consultation
If either parent contests your petition for guardianship, you must be prepared to prove your case by clear and convincing evidence. This is a higher standard of proof, emphasizing the need for solid evidence and well-prepared legal arguments. Also, some parents might not quality for guardianship based on their criminal background.
Once granted, co-guardianship allows both grandparents to make decisions on behalf of the child and to have physical custody. However, keep in mind that this arrangement can be reviewed and changed by the court if new circumstances arise that affect the child’s well-being.
Tulsa Guardianship Lawyers
Grandparents can obtain co-guardianship of a grandchild they can show that such an arrangement is in the best interest of the child. If you’re considering this, it might be wise to consult with a family law attorney. They can help guide you through the legal process and improve your chances of a favorable outcome. A family law lawyer can help clarify your rights and next steps. If you’re considering this option, contact Tulsa Divorce Attorneys and Associates by calling (539) 302-0303 or contacting us online for a consultation with a guardianship attorney.