Reasons Grandparents Can File for Custody of Grandchild in Oklahoma That said, grandparent guardianship can be an intermediate step in grandparents adopting their grandchildren, which results in a permanent transfer of full parental rights. Typically, guardianships are temporary they can be indefinite but are always subject to termination by the court. In addition, guardians are entitled to child support, as are custodial parents who have physical custody of their children. In this way, it is analogous to legal custody when discussing parental rights. Guardianship provides the guardian with the legal authority to make major decisions about a child’s care. Under Oklahoma law, a court can appoint a guardian over the person or property of a minor when it appears “necessary or convenient.” A judge makes the decision of whether to appoint a guardian, considering the overall well-being of the child in question. As a result, if you are seeking guardianship of a grandchild, it’s highly advisable that you speak to an experienced guardianship attorney in Oklahoma as soon as you can. Oklahoma law provides grandparents a legal path to obtaining guardianship of their grandchild, but that path can be complicated and fraught with potential pitfalls. In some cases, preference for family placement results in certain grandparents custody rights. In many cases, this occurs during a time of crisis, and grandparents are often the most qualified and appropriate people to care for minor children.įortunately, Oklahoma law has a preference for family members to care for unmarried minor children whose parents cannot care for them themselves. There are, unfortunately, circumstances under which children are unable to continue living with their parents.
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