Can I Get Guardianship With a Felony Record In Oklahoma?

[apss_share]
Guardianship with felony record

Trying to get guardianship with a felony record can be difficult, but is not impossible. Courts assess the qualifications and fitness of the potential guardian to ensure the best interests of the individual needing guardianship. One factor that courts consider is the criminal record of the person seeking guardianship, and having a felony record does not immediately disqualify you.

Understanding Guardianship in Oklahoma

Guardianship grants an individual legal responsibility to manage the personal, financial, or healthcare decisions of a minor or incapacitated person. They can be either guardianship over a child or an adult. Courts appoint guardians when they determine that someone cannot care for themselves and that the appointed guardian will protect their interests. A guardianship is temporary but continues until its terminated with court orders. The guardianship process in Oklahoma involves a court hearing, background checks, and an investigation into the potential guardian’s fitness. After the hearing the Judge decides and if he rules against you his decision is appealable.

How a Felony Record Affects Guardianship Eligibility

In Oklahoma, a felony record does not usually disqualify you from obtaining guardianship, but will play a significant role in the court’s decision. When reviewing your petition, the court assesses several factors to determine if you are a suitable guardian despite your criminal history:

  • Nature of the Felony: The type of felony on your record is crucial. Non-violent offenses, such as minor drug-related offenses, may not weigh as heavily as violent felonies or crimes involving abuse or neglect.
  • Time Since the Conviction: Courts will also consider how much time has passed since your conviction. Old felonies, especially if you have demonstrated rehabilitation, may not carry as much weight as recent convictions.
  • Rehabilitation and Character Evidence: Demonstrating rehabilitation is essential when applying for guardianship with a felony record. This might include showing proof of completion of rehabilitation programs, letters of support, and evidence of responsible behavior over time.
  • Best Interests: Ultimately, the court’s primary concern is the best interest of the person who needs guardianship. The court will carefully weigh your criminal history against your ability to provide a stable and supportive environment. If no other suitable candidates are available, and you can show that your felony record does not jeopardize the well-being of the individual, the court may still grant guardianship.

Some states have automatic disqualifications for individuals with certain types of felony convictions. For example, if your felony involved crimes against children, severe violence, or sexual offenses, you may be barred without exception. Each state has its own laws regarding automatic disqualification, so it is essential to consult with an attorney.

Steps to Improve Your Chances

If you have a felony record and are seeking guardianship, there are steps you can take to improve your chances:

  • Seek Legal Advice: A guardianship attorney can help you understand your options and the specific challenges you may face.
  • Expungement: In some cases, you may be able to have your nonviolent felony conviction expunged or sealed. Expungement removes the conviction from your record, which can significantly improve your chances of approval for guardianship.
  • Prepare Documentation: Collect letters of support from people who can attest to your character and ability to be a guardian. You should also be ready to provide evidence of your rehabilitation, such as certificates from programs you have completed and a clean record of law-abiding behavior since your conviction.
  • Show Stability: Demonstrating that you have a stable job, secure home, and a support system in place can show the court that you are able to provide for the person in need of guardianship.

In many cases, the court has broad discretion to determine whether your felony record disqualifies you from guardianship. Each case is unique, and the outcome will depend on the overall assessment of your suitability as a guardian.

Check Out Our Tulsa Lawyers Blog For More Information

Talk With A Tulsa Guardianship Attorney

While a felony record can complicate your ability to obtain guardianship, it does not necessarily prevent you from being approved. Courts consider the nature of your conviction, how much time has passed, rehabilitation, and whether you demonstrate that you are fit to serve as a guardian. Taking proactive steps, such as seeking legal advice and preparing supporting documentation, can improve your chances of success.

Ultimately, the court will decide based on what is in the best interest of the person in need of guardianship. If you need help, contact the Tulsa guardianship lawyers at Kania Law Office by calling (918)743-2233 or online.

Tulsa's Local Lawyers

Law ScaleAre you looking for Tulsa attorneys who will fight aggressively for you? Our team of attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.

Call us today for a free consultation 918-743-2233 or contact us online.