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Guardianships for Minor Children

Guardianships for Minor Children in Kingfisher

Kingfisher & Stillwater Guardianship Lawyer

When a natural parent is either deceased or unable to take care of their minor child either due to incapacity, incarceration, or some other reason, a blood relative of a child can file a petition with the courts asking to be that child's legal guardian. In Oklahoma, the law states that a guardian may be appointed over the person or property of a minor child "when it appears necessary or convenient."

At the Kingfisher law practice of Harrison & Mecklenburg, Inc., we are experienced and respected for our knowledge pertaining to estate planning and matters of guardianships. If you are a person wishing to become a minor child's legal guardian, it may be so that you can enroll the minor in school, to be able to authorize medical care for the child or receiving state benefits for the minor child living within your home.

How is a guardianship created?

The procedure for obtaining guardianship over a minor child begins with a verified petition for guardianship filed with the court. The petition must set forth the reasons why you believe that you should be the legal guardian of the child. What then follows is that an investigation will be conducted by a court social worker, including a home study, in order to examine your fitness to care for the minor child and your background. A guardianship can be brought in either the petitioner's county of residence, or the child's current county of residence.

The court will schedule a hearing where the petition will be formally considered, and you will be able to present evidence and witnesses to support your request for guardianship. If you are appointed as legal guardian of the child, and the natural parents are still alive, you may be granted child support. After you are appointed as the guardian, you will have to present a plan outlining how you will care for the child. If the minor child has assets, you will have to prepare an inventory of those assets and present it to the court. After that, the process is mostly complete except for a possible periodic review by the court.

Contact Harrison & Mecklenburg, Inc.

If you wish to pursue the guardianship of a minor and would like assistance with filing the papers, or you believe there may be some opposition to your being appointed a guardian and you wish to have legal representation throughout the process, contact us for a free evaluation of your case today.