Does a Guardianship override Parental Rights in Oklahoma?

OKLAHOMA CITY GUARDIANSHIP LAWYER

The circumstances are complex that lead a family or individual to seek a child custody order or guardianship in Oklahoma. Our Oklahoma City guardianship attorneys have helped families facing every type of guardianship or child custody arraignment in Oklahoma. Unfortunately, many circumstances give rise for the use of guardianships in Oklahoma. Whenever the health or welfare of a child is at risk, something must be done to protect the best interest of the child. 

Some Oklahoma guardianships arise by agreement of the parties, including proposed guardians and some guardianships in Oklahoma arise as the result of the court getting involved in a family dynamic. In this article, you will learn about Oklahoma guardianships and how they differ from other child custody orders. Parental right cases are complex and highly emotional. 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. 

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Free Resources from OKC Guardian Attorneys and Your Fierce Advocates®: 

Cannon and Associates is led by Army combat veteran, John Cannon and we’re privileged to fight for client’s in Oklahoma guardianship cases and a wide variety of other family law issues in Oklahoma. Until we have the opportunity to meet, we hope the following Oklahoma guardianship resources answer your specific Oklahoma guardianship and family law questions: 

Have unanswered questions about Oklahoma guardianship or family law case? Do you need to obtain a court order for guardianship of a minor? Simply want to know more about your options for guardianship in Oklahoma? CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in your Oklahoma guardianship case! Our Oklahoma City guardianship lawyers are ready to assist you.

What Does Guardianship mean in Oklahoma?

A guardian in Oklahoma 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

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What is the Difference between Guardianship and Custody in Oklahoma?

All guardianship cases involve custody; however, most child custody cases are not guardianship cases. A guardianship takes place in Oklahoma when someone other than a parent has custody of a minor child. Child custody cases in Oklahoma involve a parent or custodian taking care of a minor child.

In order for a person other than a child’s parent to obtain a guardianship in Oklahoma, the parents must be deemed unfit or unavailable.  

How can I obtain a Guardianship in Oklahoma?

You must follow the Oklahoma guardianship process in order to obtain guardianship of a minor child. Your Oklahoma guardianship attorney will draft a guardianship petition and other supporting pleadings, file the guardianship case in the county court in Oklahoma where the child resides, and then present the guardianship pleadings to the assigned family law judge. 

Once the family law judge has the pleadings for your Oklahoma 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 guardianship petition. Your Oklahoma guardianship 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 Oklahoma 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. 

A teenage girl sitting next to a wall, upset.

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 a guardianship in Oklahoma. Incapacitated adults, a contentious Oklahoma divorce, or an adult that is currently unfit or unable to care for their child can cause these issues to clash. 

Parents that are interested in keeping or recovering parental rights against a guardianship have rights to bring their issue to the court and show that they are fit to take on the role of parent again. However, a parent that does not have physical custody of their child and the child is in the custody of another adult through a 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 GUARDIANSHIP ATTORNEYS

Our Oklahoma City guardianship attorneys at Cannon & Associates are Fierce Advocates® for your guardianship case. Whether you are seeking to become guardian over a child or to terminate a guardianship as the parents of a child, our Oklahoma City guardianship attorneys are here to help you. The laws and procedure related to Oklahoma guardianship cases is complex and emotional. We are here to answer your questions about guardianship in Oklahoma. 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 Oklahoma guardianship case.

Cannon & Associates

Fierce Advocates®

For Families and Freedom

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