Guardianship | Canadian County, OK (2024)

FAQs

How does guardianship work in the state of Oklahoma? ›

Guardianship Process in Oklahoma

It begins with filing a petition in court, followed by a thorough investigation and hearing. The court then appoints the guardian, who accepts the role by taking an oath. Filing a Petition: The first step in establishing guardianship in Oklahoma is to file a petition.

The existence of a guardianship does not inherently override parental rights; however, when a guardianship is in place, a parent will have to contest the guardianship in order to regain physical custody of their child.

The ward's age, physical and mental health, and ability to make decisions independently significantly impact the duration of the guardianship. For instance, a minor's guardianship can last until they reach the age of majority, while adult guardianship might extend lifelong unless conditions change.

Since it's established by the court, a guardianship may supersede the authority granted by a power of attorney. However, this typically happens if the court determines the principal can't make informed decisions themselves or if the agent is misusing power of attorney to serve personal interests.

The Oklahoma Supreme Court has ruled that the individual seeking to terminate a temporary guardianship on the grounds of it being "no longer necessary" bears the burden of proving by clear and convincing evidence that the circ*mstances leading to the guardianship's establishment have been resolved.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

The court may establish a permanent guardianship between a child and a relative or other adult if the guardianship is in the child's best interests and all of the following conditions are substantially satisfied: The child has been adjudicated to be a deprived child. The parent has: Consented to the guardianship.

Guardianship is a legal proceeding in which the court can appoint a person to take care of another person and/or their property. The person who is appointed by the court is called a guardian. The person for whom the guardian is appointed is called a ward.

You must do your own legal research or contact an attorney for these forms. You can not file guardianship on your own child unless the other parent is deceased. The filing fee for a Relative Guardianship is $77.00.

What is a title 30 guardianship in Oklahoma? ›

Section 30 O.S. §2-101 provides for the appointment of a guardian for a minor child or children when it appears necessary or convenient. These proceedings are only appropriate when there is no prior order concerning the child at issue. Guardianship proceedings cannot be utilized to disrupt intact families. Convenience.

Oklahoma law specifically states that under no circ*mstances shall any judge grant the right of visitation to any grandparent if the child is a member of an intact nuclear family and both parents of the child object to the granting of visitation.

Guardianships, even temporary ones, are Court-appointed only. A out-of-court notarized document would not work for a "guardianship." However, Oklahoma has a statutory Power of Attorney form to delegate Parental or Legal Custodian Powers of a Child that is available to use and would be perfect in this situation.

Different Ways to Change Guardians

The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed. The guardian can file a Petition to Resign if this is the case.

You must do your own legal research or contact an attorney for these forms. You can not file guardianship on your own child unless the other parent is deceased. The filing fee for a Relative Guardianship is $77.00. The filing fee for a Non-Relative Guardianship is $201.64.