Ending a guardianship over a child in Oklahoma requires the parent to meet certain standards. The standards are determined by the family law court over seeing the guardianship case. In Oklahoma, a court can place your children under the care and authority of someone else in legal guardianship. Yet, guardianship does not permanently end your parental rights. In some cases, parents can ask the court to terminate the guardianship so they can regain custody of their children.
What Is Guardianship Over A Child?
There are two main types of guardianship: guardianship of an adult and guardianship of a child. Courts appoint guardians for adults who become incapacitated and cannot handle their personal or financial affairs. Courts also appoint guardians for children when their parents cannot provide adequate care.
In the guardianship of a minor, the court gives an adult who is not the child’s parent legal authority over the child, called the ward. The guardian is responsible for the care and custody of the ward and must ensure their health and safety. For a person to be granted guardianship they must meet certain requirements to be a guardian and those are set by court. The court oversees the guardian and issues directions that the guardian must follow. Typically, the guardian must report to the court yearly about the child’s health and finances.
According to Oklaw.org, a court grants guardianships when it finds that guardianship of a child is necessary because the child’s parents cannot care for the child. Courts often appoint close relatives, like grandparents, aunts, or uncles, as guardians. In cases where the parents passed away, they may have nominated a guardian in their will, and the court could appoint their chosen individual as guardian; this could be a close friend or family member.
Can You End A Guardianship Of A Child?
In certain cases, ending a guardianship is possible. The family law court will end the guardianship of minor children upon determining that the arrangement is no longer required. Guardianship suspends parental rights but does not end parental rights. Parents can regain custody with the court’s approval when their children are under guardianship. Ultimately, the court decides whether guardianship continues or ends.
The court can remove a guardian or terminate a guardianship for several reasons. It can remove a guardian when it finds that the guardian has failed to perform the duties the court requires. When the court determines that the guardian is no longer necessary, it can terminate the guardianship.
When the conditions that necessitated the guardianship are no longer present, the court can end the guardianship. For instance, a court might appoint a guardian for a child when the parents cannot care for the child. The parents might be sick and undergoing significant medical treatment such that they cannot manage their child’s affairs. In that case, the court may appoint a temporary guardian. When parental health is restored, the child may no longer need guardianship because the parents can care for the child.
Additionally, the court might place the child under temporary guardianship if a parent is struggling with substance abuse. If the parent ends their addiction issues, they may be able to restore their custody.
The Legal Process For Ending a Guardianship Of A Child?
First, parents must petition the court to terminate the guardianship and request a hearing date. At the hearing, the parent seeking to end the guardianship bears the burden of showing that the conditions necessitating guardianship are no longer present. For instance, if the parent struggled with drugs such that they could not care for the child adequately, they must show that they have become sober and that the reason they lost custody of the kids has been resolved.
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Guardianship Attorneys in Oklahoma
A guardianship case is emotional for all the people involved. This includes the parent of the children together with the guardians. If you need help with this kind of family law case the Tulsa guardianship attorneys at Kania law office know what to do. Get a free and confidential consultation today by calling 918.743.2233 or reach us online.