Navigating Oklahoma Guardianship Law

This article will inform you to:

• The two types of guardianship in Oklahoma.
• What criteria someone has to meet to be a guardian in Oklahoma.
• How long guardianships last.

What Does It Mean To Have Guardianship Over A Child, And When Is This Generally Used Or Put In Place In Oklahoma?

Oklahoma has a few types of guardianship.

The first is under Title 30. It is through the district court. They occur when a person goes to the district court and requests a third party to look after the child until the biological parent(s) are in a position where they can care for the child.

These guardianships are a little more strict: the court sets up standards for the parents to meet to regain guardianship. Then, the parent has to prove that they have met those standards and can correctly care for the child.

The second is under Title 10A. This is where a child’s welfare comes into play. If the parent’s struggling and cannot improve the conditions in which the child was brought into their custody, instead of terminating, they may opt for permanent guardianship.

The only way to terminate this type of guardianship is if the child or guardian desires to terminate it. The parent cannot have it terminated. Parents still have the right to be involved with their child’s decisions, but the final decision would be the guardian’s. In this sense, it may be an emotionally difficult guardianship for the parent.

Another type of guardianship is because a person is incapable, whether due to mental disability or something else. They are in a position where they need someone else to make decisions for them.

Who Can Be A Legal Guardian To The Child In Oklahoma Under These Relationships?

Anyone over the age of 21 can be a legal guardian in Oklahoma, so long as they do not:

• Have a criminal background;
• Have a history of child abuse;
• Live or reside with anybody that has a criminal background that contains felonies.

How Long Does A Guardianship Generally Last?

The length of guardianship depends on whether the parents improve the conditions of the child’s environment. Keep in mind that they must provide evidence to the court that they have improved the conditions in accordance with the court’s stipulations.

In our experience, most courts tend to give the parent about six months.

With the guidance of a skilled attorney for Guardianship Law, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Guardianship Law in Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 890-0881 today.