If you need to get guardianship of a child—whether due to a parent’s absence, illness, incarceration, or other hardship—there is a specific process to follow. A child guardianship gives you the legal authority to make important decisions about the child’s education, healthcare, and daily life. In Oklahoma, the guardianship process is handled through the district courts, and it requires several formal steps.

1. Determine Whether Guardianship Is Necessary

Guardianship is appropriate when the child’s parents are unable or unfit to care for the child, and no other arrangement (such as informal custody) will suffice. This may include situations where:

• The parent is incarcerated or facing criminal charges
• The parent is incapacitated due to mental health or substance abuse issues
• The parent has abandoned or neglected the child
• The parent consents to the guardianship

Oklahoma courts view guardianship as a temporary and limited measure unless there are extraordinary circumstances. If the parent objects and is found to be fit, the court will typically favor the parent’s rights.

2. File a Petition for Guardianship in District Court

To begin the process, you must file a Petition for Appointment of Guardian in the district court of the county where the child resides. The petition must include:

• Your relationship to the child
• Why the guardianship is necessary
• The names and addresses of the child’s parents
• Whether the parents consent or object
• A description of the child’s current living situation

You will also need to file other required forms, including a Notice of Hearing and Affidavit of Compliance with the Oklahoma DHS background check requirements.

3. Notify All Interested Parties

Oklahoma law requires you to notify the child’s parents and other interested relatives (such as grandparents) of the pending guardianship petition. The court may require personal service or certified mail, depending on the situation. If you can’t locate a parent, you may need to publish notice in a newspaper and file a motion for service by publication.

4. Attend the Court Hearing

The court will schedule a guardianship hearing where a judge will evaluate whether appointing a guardian is in the child’s best interests. You must attend this hearing and present evidence supporting your request, including testimony about the child’s needs, your ability to provide a stable home, and any concerns about the parent’s fitness.

If the parents contest the guardianship, the judge may hold a full evidentiary hearing with witness testimony and legal argument before issuing a ruling.

6. Receive the Court’s Decision and Letters of Guardianship

If the judge grants your petition, the court will issue an order appointing you as the child’s legal guardian. You’ll also receive Letters of Guardianship, which serve as proof of your authority to make decisions on behalf of the child (such as enrolling them in school or consenting to medical treatment).

As a guardian, you must act in the child’s best interests and may have to file periodic reports with the court. You must also notify the court of any major changes, such as a move or change in the child’s living circumstances. The guardianship will remain in place until the court terminates it—either when the parent petitions to regain custody, the child turns 18, or the court finds guardianship is no longer necessary.

Let Us Help You Through the Guardianship Process

Pursuing guardianship of a child in Oklahoma can be emotionally and legally complex. At Kania Law – Wagoner County attorneys’ law office, we guide clients through every step of the guardianship process and advocate for what’s best for the child.

For a Free consultation with Kania Law Office – Wagoner Attorneys, call us at 918-283-7394. Or if you would like to ask a lawyer an online legal question, follow this link.