Does a Guardianship Override Parental Rights in Oklahoma?
The circumstances are complex that lead a family or individual to seek a child custody order or guardianshipa. Our Oklahoma City guardianship attorneys have helped families facing every type of custody arraignment in Oklahoma. Unfortunately, many circumstances give rise to the use of guardianships. Whenever the health or welfare of a child is at risk, something must be done to protect the best interest of the child.
Some arise by agreement of the parties, including proposed guardians and some arise as the result of the court getting involved in a family dynamic. In this article, you will learn about guardianships and how they differ from other child custody orders. Parental rights cases are complex and highly emotional. The existence of a guardianship does not inherently override parental rights; however, a parent will have to contest the guardianship in order to regain physical custody of their child.


What Does Guardianship Mean in Oklahoma?
A guardian is any adult appointed by the court to care for the person or property of another, as defined by Oklahoma Statutes Title 30 Section 1-105. A qualified individual can become a guardian in Oklahoma for a child or an incapacitated adult. Under Oklahoma law, a guardianship is put in place when the guardianship judge determines it is convenient or necessary to protect the best interests of the child.
What does Custody mean in Oklahoma?
Child custody refers to the custodian or parent that has the authority to determine the upbringing of the child and includes both physical custody and legal custody in Oklahoma. Physical custody is where the child sleeps at night and can be sole physical custody or joint physical custody between the parents or custodians. Legal custody is the party with the ability to determine the child’s education, religion upbringing, extracurricular activities, discipline, and other important decisions.
Related: Legal Custody versus Physical Custody in Oklahoma


What is the Difference between Guardianship and Custody?
All guardianship cases involve custody; however, most child custody cases are not guardianship cases. A guardianship takes place when someone other than a parent has custody of a minor child. Child custody cases involve a parent or custodian taking care of a minor child.
In order for a person other than a child’s parent to obtain guardianship, the parents must be deemed unfit or unavailable.
How can I obtain a Guardianship?
You must follow the process in order to obtain guardianship of a minor child. Your attorney will draft a petition and other supporting pleadings, file the case in the county court in Oklahoma where the child resides, and then present the pleadings to the assigned family law judge.
Once the family law judge has the pleadings for your guardianship, a hearing will be scheduled and all interested parties must be given notice of the hearing date and an opportunity to appear and object to your petition. Your Oklahoma attorney will need to assist you in obtaining a criminal background check from OSBI as well as a sex offender registration search.
At the final hearing for your guardianship case, the court will either appoint you as guardian or deny your request. If you are appointed as guardian, you have legal authority over the health and welfare of the child that supersedes anyone, unless the Court enters a subsequent order. Obtaining a guardianship order in Oklahoma gives clarity to parties related to custody of a child and gives you authority to act as guardian and make enforceable decisions for the child.


What Happens when Parental Rights and Guardianship clash in Oklahoma?
Many circumstances related to child custody and parental rights lead to a conflict between parental rights and guardianship. Incapacitated adults, a contentious Oklahoma divorce, or an adult who is currently unfit or unable to care for their child can cause these issues to clash.
Parents who are interested in keeping or recovering parental rights against guardianship have the right to bring their issue to the court and show that they are fit to take on the role of parent again. However, a parent who does not have physical custody of their child and the child is in the custody of another adult through guardianship must go to court to regain custody.
Under Oklahoma law, parents are presumed to be the most appropriate party to raise minor children; however, if the parent is unfit to have custody of the child, the court may deny a request for parental rights, if it is in the best interest of the child to remain in the custody of the guardian. The primary focus of all guardianship and custody cases in Oklahoma is identifying what is in the best interest of the child.
Parental rights and guardian rights take second place to the best interest of the children involved. Family law judges have significant powers related to custody determinations in contested guardianships. Therefore, it is essential to work with an experienced Oklahoma guardian lawyer to protect your interests and fight for the child in your life.
CONTACT – CANNON & ASSOCIATES YOUR FIERCE ADVOCATES® AND OKLAHOMA CITY ATTORNEYS
Our Oklahoma City attorneys at Cannon & Associates are Fierce Advocates® for your case. Whether you are seeking to become a guardian over a child or to terminate a guardianship as the parents of a child, our Oklahoma City attorneys are here to help you. The laws and procedures related to Oklahoma guardianship cases are complex and emotional. We are here to answer your questions. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL 405-883-4427 for a free confidential case strategy meeting and to have your questions answered about your guardianship case.