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To terminate a guardianship in Oklahoma (if you are an adult under guardianship, or the parent of a child under guardianship), you should: File a motion to terminate the guardianship. Ask the judge for a hearing date. At the hearing, explain to the judge why your guardianship should be terminated.
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.
How Obtain Guardianship of a Child 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.
However, when they show signs of recovery, guardianship can be terminated. You must fill out a petition and get it filed with the court of your child's residence. As a hearing gets scheduled, the child and the adult meet and give a clear explanation of this decision.
Regardless, the parent must file a petition to end the arrangement as he or she would if they were in agreement with the guardian. As always, the judge will consider whether keeping the guardianship in effect is in the child's best interest, which will require the parent to prove the hardship they endured is over.
Limited guardianship- the guardian has only limited powers over the ward and/or the ward's property; and, special guardianship- a guardianship in which a guardian is appointed for an emergency purpose and usually lasts for no more than 10 days.
The person seeking termination of guardianship must show clear and convincing evidence that the conditions that led to the creation of the guardianship have been corrected. If that parent is a parent who has been found unfit, then fitness must be established.
A permanent guardianship may be terminated or modified by the court per Title 10A or Title 30 of the Oklahoma Statutes, as applicable, based upon clear and convincing evidence of a substantial change in material circumstances and the child's best interests.