If you’re wanting to get guardianship over a child, there are requirements you need to meet. When parents can’t care for their child due to illness, incarceration, substance abuse, or other challenges, another responsible adult must often step in and take legal responsibility. In Oklahoma, the court grants that authority through guardianship, a legal process that gives a non-parent custody and decision-making power over a child.
What Is Guardianship?
A legal guardianship allows a non-parent to make decisions about a child’s daily needs, medical care, education, and living arrangements. The court can approve either temporary or long-term guardianship, depending on the situation. Oklahoma law allows any competent adult to petition for guardianship of a child. In most cases, petitioners include:
- Grandparents
- Aunts or uncles
- Adult siblings
- Close family friends
To secure guardianship, you must prove that the parents can’t or won’t properly care for the child and that granting you guardianship serves the child’s best interests. The court does not treat guardianship as a permanent substitute for parental rights unless a separate termination proceeding occurs. Instead, guardianship gives you legal authority to care for the child while the parent remains unavailable.
How Do You Obtain Guardianship in Oklahoma?
To obtain guardianship, you must meet several legal requirements:
1. File a Petition for Guardianship
You must file a petition with the district court in the county where the child lives and include:
- Your full name, address, and relationship to the child
- The child’s full name, age, and residence
- The names and addresses of the child’s parents (if known)
- The reasons guardianship is necessary
- A proposed care plan for the child
2. Notify the Parents and Interested Parties
You must notify the child’s biological parents and other interested parties (such as grandparents or adult siblings) of the petition. If the parents agree, they can sign a consent form. If they object, the court will hold a hearing to evaluate the child’s best interests.
3. Complete a Background Check
Oklahoma courts typically require you to pass a criminal background check. In some cases, the court may also order a home study to assess whether your home offers a safe and appropriate environment for the child.
4. Attend the Guardianship Hearing
The court will set a hearing date, where the judge will review your petition, hear any objections, and evaluate the evidence. You must convince the judge that guardianship is necessary and that you are qualified and prepared to care for the child.
5. Receive the Court’s Approval
If the court agrees with your petition, the judge will issue a guardianship order and provide Letters of Guardianship. These legal documents give you the authority to enroll the child in school, seek medical treatment, and manage other essential matters on the child’s behalf.
What Are Your Ongoing Responsibilities as a Guardian?
Once the court appoints you as guardian, you must:
- Provide for the child’s health, education, and daily welfare
- Make decisions in the child’s best interests
- Inform the court of major changes (such as address or schooling)
- Submit periodic reports to the court if required
Guardianship remains in effect until the child turns 18, the court terminates the arrangement, or a parent successfully petitions to regain custody.
Tulsa Child Custody Attorneys
Guardianship cases often involve complex legal issues and emotional family dynamics. If you have questions about how to get guardianship over a child, 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.