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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.

Section 30 O.S. §2-101 provides for the appointment of a guardian for a minor child or children when it appears necessary or convenient. These proceedings are only appropriate when there is no prior order concerning the child at issue. Guardianship proceedings cannot be utilized to disrupt intact families.

How Obtain Guardianship of a Child file paperwork with the court clerk; ask a judge to appoint you the guardian of a minor child; and, go to a hearing and show the judge why you should be appointed as the child's guardian.

To become a guardian, you must: file paperwork with the court clerk; ask a judge to appoint you the guardian of a minor child; and, go to a hearing and show the judge why you should be appointed as the child's guardian.

In Oklahoma, to obtain a guardianship over your relative, file a petition for guardianship in the district court of the county in which your relative lives. Then, ask the judge to set a hearing on the matter. You will have to give notice of the hearing to certain other relatives of your relative.

In order to gain guardianship of your grandchild, you must file a petition with the court. The petition must address the circumstances of the child and indicate why a guardian is necessary. Once the petition is filed, an investigation of the child's circumstances and of the prospective guardians begins.