Tulsa Oklahoma guardianship requirements depend on which type of guardianship you’re looking for. Guardianship law is intended to protect those people that need protection. Whether its a young child or an elderly person Guardianship protects those who can’t protect themselves. In a broad sense Oklahoma guardianship requirements require this inability to care for oneself as a common requirement.
Guardianship of Children:
Oklahoma guardianship requirements for children look at the parents ability to care for the child. When parents are unable to care for a child, legal guardianship’s allow for certain third parties to get legal custody. In fact, Oklahoma Guardianship requirements set out a preferential list of who can be guardians:
A person indicated by the wishes of a deceased parent
A relative of either parent
The person in whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent
Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child
In order to receive an emergency and then general guardianship, the party seeking custody must demonstrate to the court that: the parents are unfit to care for the children, the parents are otherwise unavailable to care for and support the children, and/or that the children would be at risk of irreparable harm if in the custody of the parent(s).
Appointed Guardian Must Meet Requirements:
- They cannot currently be a guardian of another individual.
- They cannot be a minor or an individual with partial incapacities.
- The guardian cannot be a convicted felon, not insolvent, and cannot have declared bankruptcy during the previous five years.
- They cannot be subject to the registration requirements of the Oklahoma Sex Offenders Registration Act.
- They cannot be under any financial obligations to children or otherwise have any other conflict of interest that would preclude or be substantially detrimental to their ability to act in the best interest of the children.
Further, the guardian of course must be able and willing to serve as a guardian. Depending on the amount of property the children have or in the case of receiving access to a child’s monetary account, the guardian may have to post bond. Once the guardianship exists, the guardian must file a yearly report with the court setting forth how they have taken care of the children, how they will continue to care for the children, and list any expenses they incurred for the children and if applicable, how they spent the children’s money.
Oklahoma Guardianship Requirements Make Guardianship’s Temporary:
It is important to note that guardianship’s are temporary by nature. Guardianship’s will never give full legal custody of a child to the guardian. The purpose of the guardianship is to place the children in a safe environment. This is so the parents take time to “get themselves in order”. Upon a granting of a guardianship, the court will set out standards for the parents to meet. These may include paying child support, having a stable job, a proper residence and various other counseling needs. Upon proving the parents have met these requirements things change. They are now “fit”. The guardianship may terminate and custody returns to the parents.
Tulsa Guardianship Attorneys Helping You:
If you need help with a guardianship or other family law problem we can help you. Guardianship’s are intended to protect those who cant protect themselves. In family law this is a circumstance that’s faced daily. If you need to protect someone by getting a guardianship call us for information.