Guardianship of a Child (Minor)
Contents
Purpose of Guardianship of a Child
A minor child guardianship is a temporary legal arrangement where someone other than the child’s (or children’s) parents takes care of them. The minor child is called the ward. The adult taking care of the ward is called the guardian. Guardians temporarily take over the powers and responsibilities of the parent. The judge must decide whether a guardianship is “necessary or convenient” and focused on the best interests of the ward.
There are a number of reasons you may wish to be the guardian of a minor.
- The ward’s parents have passed away
- The parents are unsafe or unable to care for the ward and the ward’s property
- The ward has been abandoned
- Other reasons that are “in the best interests of the child”
How to Obtain Guardianship of a Child
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.
Filing A Petition For Guardianship Of A Child
The paperwork begins with a "verified petition" which gives the judge information about the case which is required by law. For example, the petition must be made by a relative or other person on behalf of the minor. Information about the child, with whom and where he has been living, the reason it is necessary, the parents circumstances; whether the children have any Native American ancestry or the parents are in the military.
An investigation, called a Home Study is conducted to determine the background and fitness of the prospective guardians. The court will balance the need for this home study with the prospective guardians' ability to pay for this home study and may not require the home study.
Creating Forms
Family 
> Guardianship > Guardianship of a Minor
There is information for you to read, you can print a copy of the questionnaire to help gather the materials you will need.
Forms and information provided by the Oklahoma Bar Association:
- Handbook for Guardians of Minor Children (Forms included)
- Emergency Guardianship Instructions (Minors)
- Emegency Guardianship Forms (Minors)
- Grant of Custody of Abandoned Minors to Qualified Relative (OSCN forms)
Questionnaire - pull together all the information you need to complete your forms!
Redy to start your forms?
FAQ
A guardianship action may be brought in the district court of the county where the:
- child lives; or,
- proposed guardian lives, filed by a member of the family.
You will need this information to answer questions which will complete the court forms.
Here is a list of the information you need to have with you when you fill out the paperwork or go through the online computer program:
- name of the county where you are filing the petition.
- name of any other person you are asking to be a co-guardian
- about each child:
- full name, first, middle, last legal name
- birth date, day, month, year
- social security number
- whether or not the child is a member of an Indian tribe; and if so, the name of the tribe
- whether or not a parent is in the military
- child’s current address
- city and state in which the child has lived in the past 5 years
- names of people with whom the child has lived during the past 5 years
- other court proceedings involving each child (court (district or juvenile), county, case number)
- about the parents:
- full legal names
- addresses, if possible
- THREE types of background checks for you and anyone living in the household 18 years of age or older
- a national fingerprint-based criminal background check (like an FBI check); and,
- a state of Oklahoma background check including the Sex Offenders Registration Act database (like the OSBI check); and,
- a search of the child abuse and neglect information system maintained for review by authorized entities by the Department of Human Services.
Notice within ten (10) days of the hearing by mail must be made to:
- any living parents;
- if no parents are living, then to one of the then-living grandparents who is not related to the person who wants to be the guardian;
- if there is no living parent or grandparent, or if the address is not known, then notice is required of an adult relative in the county where the petition was filed.
- if the minor is fourteen (14) years old, the child must be notified of the hearing for the appointment of guardian.
- the child's tribal affiliation and the BIA Regional Office, if the child has Indian blood.
- If the child (or children) is of Native American decent, and has a Certificate of Indian Blood or tribal affiliation card, you must notify the Tribe.
- If either natural parent is of Native American descent and has a Certificate of Indian Blood or tribal affiliation card, you must notify BOTH the TRIBE AND THE BIA AREA OFFICE:
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the tribe or tribes, if more than one,
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If the child is fourteen (14) years old, the child may nominate his own guardian; but the judge makes the final decision. If the child is not yet fourteen (14) years old, the court will appoint the guardian for the child.
If the minor child has a parent living or someone is already legally responsible for the support of the child, the person who is already responsible must provide financial support for the expenses of the child. If that person cannot "reasonably afford" such an expense and the child owns property, then that property may be used to support the child as directed by the court. This is determined on a case by case basis by the judge.
- the guardian is removed; or,
- the minor (child) gets married; or,
- the child turns eighteen (18).
At the Guardianship Hearing
Court Papers
Be sure to put the court papers in an envelope or folder and keep them together to take to the court hearings with you. In some counties the judge’s clerk will take the court orders from you and keep them in the file until the court hearing.
Evidence presented at the Court Hearing
The judge will allow you to present evidence, including your own testimony or that of any witnesses you have come to court to support your case.
Court’s Findings and Court Order Appointing Guardian
You will need to ask the court to appoint you as guardian over the Person or the Property of the child, or both. You also must present evidence showing why you should be the guardian.
If there is a large amount of property, the judge may require a bond. The judge will ask about your financial situation and whether or how you will be able to care for the child and account for the child’s property, if there is any.
Child support must be addressed by the judge in her Order. The natural parents or current legal custodian may be required to pay child support. The judge can address this in the Order or the guardian may be ordered to get help from Oklahoma Child Support Services.
After the Guardianship Hearing
Follow up after appointment as Guardian
As the guardian, you will propose a plan for the care and treatment of the child for the coming year or the duration of the guardianship. This can be to keep the child in his present school and under the treatment of existing doctor’s care.
Inventory
If the child has assets, like a bank account, or items left in a trust for the child, the guardian needs to take an inventory of all of the assets and report that to the court by filing the list of assets and estimated value in the guardianship case. The judge will tell you when the inventory is due, but be prepared to file this at least within 2 months of the Order. File the Inventory earlier if at all possible.
Review Hearing
The judge may order a Review Hearing in a few months or in a year. As the guardian, you will need to keep information about the child to present to the judge at the Review Hearing. This could be information about the child’s health, school progress or other kinds of treatment set out in the Plan for Care and Treatment of the Child.
Annual Accounting
If the child has any assets or property, the guardian must file an inventory of those assets or the property owned by the child within 3 months of appointment as guardian,
At the end of every year, the Annual Accounting must be filed with the court clerk. This will be made a part of the court record and the judge will review and approve the accounting or set a hearing date.
Generally, unless the Court requires an annual accounting, an annual accounting and annual plan is not required when the child’s assets are worth less than $10,000 or are worth less than $40,000 if a bond has been posted by the guardian.
Annual Report on the Person
Unless ordered by the court, a guardian of the person of a child is not required to file an annual report on the person.
