There are a few things you need to show the court to terminate a guardianship of your children. Whether the guardianship was voluntary or court-ordered, Oklahoma law allows parents to ask the court to terminate it when circumstances have changed. But it’s important to understand what the family court will require before returning your children to your care.
What Is a Guardianship?
A guardianship is a legal arrangement where someone other than the child’s parent has the authority to care for the child. Guardians can make decisions about schooling, medical care, and day-to-day needs. Courts often use guardianships when parents are temporarily unable to care for their children due to illness, incarceration, substance abuse, or financial hardship.
Guardianships can be granted by consent of the parents or through a contested court proceeding. Once in place, a guardianship remains valid until it is modified or terminated by the court.
Can a Parent Get Their Children Back?
Under Oklahoma law, a parent can file a motion to terminate the guardianship. The burden is on the parent to prove that:
- They are now able to care for the child, and
- Terminating the guardianship is in the best interests of the child.
The court will not automatically return the child just because the parent asks. The judge must be convinced that the conditions that led to the guardianship have been resolved and that the child will be safe and stable if returned home.
What Does the Court Consider?
The family court will look at several factors when deciding whether to terminate a guardianship. These may include:
- Stable housing: Do you have a safe and consistent place for your children to live?
- Employment and financial security: Can you meet your child’s basic needs?
- Sobriety and mental health: Have you addressed any past issues involving addiction, mental health, or domestic violence?
- Parental involvement: Have you maintained contact and demonstrated a commitment to parenting?
- Child’s adjustment: How well is the child doing under the guardian’s care? Would changing their environment now disrupt their well-being?
- Child’s preference: In some cases, especially with older children, the court may consider the child’s wishes.
- Any ongoing safety concerns: The court will prioritize the physical and emotional safety of the child.
You may also need to show proof of completion of parenting classes, counseling, substance abuse treatment, or other court-ordered services if those were part of the original guardianship order.
What Happens at the Hearing?
At the hearing:
- The judge will hear from both sides and may request reports from child welfare or guardian ad litem if appointed.
- You will need to demonstrate by a preponderance of the evidence that the reasons for the guardianship no longer exist.
- The court may order a home study or a trial reunification period before making a final ruling.
The judge’s decision will ultimately come down to what is in the best interest of the child. If you convince the court that your home is stable and your parenting is responsible, it may terminate the guardianship and restore your parental rights.
Wagoner Guardianship Attorneys
If you’re seeking to terminate a guardianship and reunite with your children, our team here at Wagoner County Attorneyscan look at your situation and help you decide your best course of action. If you need help, reach out to us at 918-283-7394 or ask a question online.
