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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.
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.
To become a guardian, you must: file paperwork with the court clerk; ask a judge to appoint you the guardian of a minor child; and, go to a hearing and show the judge why you should be appointed as the child's guardian.