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

What Happens if the Father Refuses to Acknowledge Paternity in Oklahoma?

In Oklahoma, refusal to acknowledge paternity can complicate matters. This can include things such as child support, custody, and visitation. However, the law provides mechanisms for determining paternity even when the alleged father is unwilling to cooperate. We’ll explain the legal process for addressing a refusal to acknowledge paternity in Oklahoma, the rights and obligations of the parties involved, and the potential outcomes. Why Is Establishing Paternity Important? Paternity legally identifies a child’s father and establishes the father’s rights and responsibilities. After establishing paternity, the father may… Read More

What Should I Expect During Family Court Mediation in Tulsa?

Family court mediation is often one of the most important stages in a divorce or custody case. In Tulsa, courts frequently require parties to attempt mediation before proceeding to trial. The goal is to resolve disputes efficiently, reduce conflict, and give both sides more control over the outcome. While mediation is less formal than a courtroom hearing, it is still a structured legal process that can significantly impact your case. What Is Family Court Mediation? Mediation is a confidential process where a neutral third party—called a mediator—helps… Read More

What is the Difference Between a Contested and Uncontested Divorce?

If you’re considering divorce in Oklahoma, one of the first decisions you’ll face is whether the divorce will be contested or uncontested. The difference between the two lies in how much you and your spouse agree on key issues—and that difference can affect everything from the timeline to the emotional toll and the cost of the process. Here’s what you need to know about contested and uncontested divorces in Oklahoma. What is an Uncontested Divorce? An uncontested divorce happens when both spouses agree on all the major… Read More

Who Gets To Live In The Marital Home During Divorce In Tulsa?

During the divorce, Who gets to live in the marital home can be one of the biggest questions when facing a divorce. In Oklahoma, a divorce or legal separation can be challenging to experience, especially when it comes to the household. Understanding your rights in your home is important. Here’s more on the property laws in Oklahoma and how it affects who resides in the home upon divorce. About Equitable Distribution of Marital Home First of all, it’s important to recognize that Oklahoma uses the law of… Read More