Guardianship

Legal guardianships in Oklahoma provide a non-parent third party to have legal custody of a minor child. Guardianships in Oklahoma can be createdGuardianship attorneys by agreement or are also granted upon a finding that an emergency exists and neither parent is presently fit (physically, emotionally, and financially) to have custody, care, and control of their own child. Further, Oklahoma Guardianship 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 guardianship and family law 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; and

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.

More stuff you might want to read about; Emergency custody and how it works

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), Guardianship attorneyshow 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 guardianships 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 contest a guardianship, please contact our Guardianship attorneys today. We offer a free consultation and will meet with you to discuss your case. Call Tulsa Divorce Attorneys and Associates 539-302-0303.

Tulsa Divorce Attorneys Blog

Oklahoma Same Sex Divorce

As of the date of this post, Oklahoma same sex marriage is illegal.  The issue has been in the public eye for some time, and a brief history of how we got here is in order. In 1975, Oklahoma passed Okla. Stat., tit. 43, Sec. 3 which defined marriage as being between two members of the opposite sex.  In 1996, the legislature passed Sec. 3.1 which prohibited Oklahoma from recognizing same-sex marriages entered into in other states.  As the issue came to the forefront, in April 2004, the… Read More

How Does Divorce Impact Finances And How Does The Court Decide On Support Issues in Oklahoma

Divorce significantly impacts the finances of both parties involved. In Oklahoma, the division of assets, alimony, child support, and other financial considerations are all guided by state laws. Understanding how these factors play a role in divorce can help individuals prepare for the financial changes that come with one. Division of Assets Oklahoma is an equitable distribution state, meaning that the court divides marital property fairly, but not necessarily equally, between the spouses. The court considers several factors to determine a fair distribution, including: Both parties must… Read More

How Do I Keep My Pets in a Divorce?

Pets in a divorce is important to many people going through this process. For many couples, pets are part of the family, and deciding who keeps them can be a deeply emotional issue. While owners often treat pets as family, the law generally considers them to be personal property. Although this may seem outlandish, it can make dividing them up more simple in comparison to children. Understanding how pet ownership is handled in an Oklahoma divorce can help you navigate this difficult situation. Pets as Property in… Read More

What is a Temporary Financial Declaration in a Tulsa Divorce Proceeding?

In an Oklahoma family law proceeding A Temporary Financial Declaration (TFD) ensures that both parties disclose their financial situation accurately and transparently during a divorce. This document helps the court make informed decisions about temporary support and other financial matters while the divorce is pending. Purpose of a Temporary Financial Declaration The primary purpose of a TFD is to provide a clear and detailed account of each party’s financial status during the early stages of a divorce. This includes income, expenses, assets, debts, and other financial obligations…. Read More