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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.
A guardianship takes place in Oklahoma when someone other than a parent has custody of a minor child. Child custody cases in Oklahoma involve a parent or custodian taking care of a minor child.
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.
Petition for Guardianship of a Minor for a family member: $68.00 - if you do not have a lawyer. If you are not able to file the petition because you do not have the $68.00, you may ask the court to waive the filing fees.
To obtain adult guardianship, a person must submit a petition specifying: The names and addresses of persons entitled to notice. The nature and degree of the alleged incapacity. The relief requested and the facts supporting that relief.