If you’re wanting to be a guardian in Oklahoma but have a felony on your record, you may wonder whether that criminal history disqualifies you. While a felony conviction is a serious matter, it does not always mean you are automatically barred from obtaining guardianship. Oklahoma law allows courts to evaluate each case individually, focusing on the best interests of the child or incapacitated adult.
What Is Guardianship in Oklahoma?
Guardianship is a legal arrangement where the court gives one person (the guardian) the authority to care for and make decisions on behalf of another person (the ward), who may be a minor or an incapacitated adult. Guardians may be responsible for the ward’s daily care, medical decisions, financial matters, and educational needs.
There are several types of guardianships in Oklahoma, including:
- Guardianship of the person (handling physical care and custody)
- Guardianship of the property or estate (handling financial matters)
- General guardianship (covering both care and finances)
Oklahoma Law and Felony Convictions
Oklahoma statutes require that guardians be “suitable” and “qualified.” A felony conviction may raise concerns about suitability, but it does not create an automatic disqualification in all cases.
The court will consider several factors when deciding whether to appoint a guardian with a felony record, including:
- The nature and seriousness of the felony
- How long ago the felony occurred
- Whether the conviction involved violence, abuse, or crimes against children
- Evidence of rehabilitation, such as completion of probation, steady employment, or community involvement
- The current relationship between the proposed guardian and the ward
Felony Charges vs. Felony Convictions
It’s important to distinguish between being charged with a felony and being convicted of one. If you are currently facing a felony charge, the court may delay ruling on a guardianship petition until the outcome of the case is available. An open charge could weigh heavily against you, especially if it involves violence or endangerment.
However, a past felony conviction—particularly one that occurred many years ago and did not involve harm to children—may be viewed more leniently, especially if you’ve demonstrated that you are a responsible and stable adult.
How to Strengthen Your Case
If you have a felony record but wish to pursue guardianship, you can take steps to improve your chances:
- Provide character references from employers, clergy, or community members
- Show proof of rehabilitation, such as completion of counseling, substance abuse treatment, or anger management
- Demonstrate a stable home environment and financial ability to support the ward
- Offer evidence of your relationship with the child or adult needing care
It may also be helpful to have an attorney represent you and present your case to the court in the most favorable light.
Tulsa Guardianship Attorneys
A felony conviction or pending felony charge does not automatically prevent you from becoming a guardian in Oklahoma. If you have questions about how to get guardianship, contact our team at Tulsa Divorce Attorneys and Associates for trusted guidance and dedicated representation. Get a free consultation with a family law attorney by calling 539-302-0303, or you can ask a free online legal question by following this link.