Emergency Guardianship of a Child in Oklahoma: How the Process Works
The health, physical and emotional welfare of children is extremely important in Oklahoma. Whenever there’s a possibility that a child is being mistreated in any way, the matter typically goes to court, and the judge will always use what’s called the “best interests of the child standard” to determine whether or not a child should continue to live in his or her current place of residence. For more information regarding emergency guardianships you need help from experienced Tulsa guardianship attorneys.
Tulsa Guardianship Attorneys – Oklahoma Laws
Under Oklahoma law, a guardian may be appointed where a judge determines that it is “necessary or convenient” to do so in order to protect the child’s best interests. A guardian is one who submits a petition to a court asking the court to allow the guardian to have control over the child and the child’s property. This often occurs when the child’s current legal guardian (a parent, grandparent, step-parent, aunt/uncle, or foster parent) is unable to adequately care for the child.
How To Gain Guardianship in Oklahoma
If you wish to become a child’s guardian, you must (1) fill out official paperwork with the court; (2) request that a judge appoint you as the child’s guardian; and (3) attend a court hearing to explain to the judge why you should be appointed as guardian of this child. Becoming a guardian is no easy task. You must have the requisite documentation and evidence to demonstrate that you are a more suitable fit to be the child’s guardian than his or her current legal guardian. For example, if you have evidence the child is being abused or other wise faces immediate risk of harm and you can prove this to a judge, this will strengthen your argument that you are fit to be the child’s guardian.
If you do become a child’s guardian, you would be responsible for enrolling the child in school, overseeing the child’s medical treatment, day care (depending on the child’s age), and ensuring that you are addressing the overall needs of the child, such as whether the child is properly clothed, has nutritious food, and has a safe and comfortable home to live in. Childhood is the most important stage of development and guardians can substantially help in making sure a child is on the right path to adulthood.
A court will always consider the biological parent(s) first when determining legal guardianship. However, when the biological parents are unfit to care for the child, a court will consider other individuals who can prove they are better able to make important life decisions for the child. It is important to note that a guardian does not always have legal custody of a child and is not considered to be an adoptive parent. It is certainly possible that an appointed guardian can obtain legal custody of the child and possibly adopt the child in the future.
Contact Our Tulsa Guardianship Attorneys
If you wish to become a child’s guardian, or if you are a parent of a child and there is another individual seeking to become the guardian of your child, you need to speak with our Tulsa Guardianship attorneys. At Kania Law Office, our qualified Tulsa guardianship attorneys have devoted a large part of their practice to dealing with family law matters, including guardianship. You will need an attorney to help you through the process of petitioning to become a guardian, or to challenge another’s petition to become the guardian of your child if you feel you are fit to be the child’s current legal guardian. Family law matters can be emotional and stressful. Our law office will streamline the guardianship process for you and help you make your case as to why you should be appointed guardian of a child, or if you are the child’s current legal parent, why someone else should not be the child’s guardian. Call our Tulsa Attorneys at Kania Law Office today to schedule a free consultation to discuss your case. You can reach us at (918) 743-2233. We offer bilingual services in English and Spanish.
Tulsa Guardianship Attorneys
http://www.kanialaw.com/family-lawyers-tulsa-oklahoma/tulsa-guardianship-attorneys.htm
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