Convert To Excel Legal Oklahoma Guardianship Forms For Free

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.

In Oklahoma, there are three basic types of guardianship: General - a guardian who has control over the ward and/or all of the ward's property in Oklahoma. Limited - a guardian who only has limited powers over the ward and/or the ward's property. Special - a guardian who is appointed for an emergency purpose.

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.

In order to gain guardianship of your grandchild, you must file a petition with the court. The petition must address the circumstances of the child and indicate why a guardian is necessary. Once the petition is filed, an investigation of the child's circumstances and of the prospective guardians begins.

Take file-stamped copies of your Petition and the affidavits and all other forms to the office of the assigned Judge. 3. The Judge's staff will assign a hearing date and time to be included in the "Order for Hearing" and the "Notice of Petition" which must then be returned to the Court Clerk's office for filing.

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.

At the hearing, give these temporary guardianship forms to the judge. The judge will tell you to sign the oath that is at the bottom of the letters of temporary guardianship. Sign this, and then the judge will sign both papers. After your hearing, take these papers to the court clerk, and ask the clerk to file them.

Parental right cases are complex and highly emotional. 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.

In Oklahoma, to obtain a guardianship over your relative, file a petition for guardianship in the district court of the county in which your relative lives. Then, ask the judge to set a hearing on the matter. You will have to give notice of the hearing to certain other relatives of your relative.