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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.
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.
You must do your own legal research or contact an attorney for these forms. You can not file guardianship on your own child unless the other parent is deceased. The filing fee for a Relative Guardianship is $77.00.
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.
To obtain adult guardianship, a person must submit a petition specifying: The names and addresses of persons entitled to notice. The nature and degree of the alleged incapacity. The relief requested and the facts supporting that relief. The estimated value of the intangible personal property of the ward.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
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. 2. Guardianship proceedings cannot be utilized to disrupt intact families.