GUARDIANSHIPS OF A MINOR CHILD: 

A guardianship is a legal arrangement designed to safeguard the well-being of a minor child when his/her parents are unable to provide adequate care. This blog will provide a brief overview of the key aspects of a guardianship.

Reasons for Guardianship

1. Disability of a Child:  If the child has special needs, a guardianship may be necessary so that a guardian can provide the necessary care.
2. Parents Not Available:  A guardianship becomes necessary if both parents are deceased or incarcerated.
3. Parents are Unfit or Child is Abandoned: A guardianship is necessary when neither parent is fit or a child is abandoned. 

How to Establish a Guardianship

To establish a guardianship, a petition must be filed in the child's county of residence or the proposed guardian's location if they are a family member. The guardian must be a citizen of the United States or a legal resident of Oklahoma for at least a year, unless they are a close family member. Background checks and home studies may be required to establish a guardianship in many instances. 

Responsibilities of Guardians

Guardians have legal duties to the minor child who are called their wards.  A guardian of property must protect and preserve a minor child's a property and cannot sell assets without the Court's permission. Guardians must maintain high standards of care to protect their wards and they must regularly report the finances and property to the Court that will oversee and manage the guardianship. 

Termination of Guardianship

Guardianships end for various reasons.  Some of the possible reasons include: (a) when the minor child turns 18 years of age; (b) when the original need for a guardianship no longer continues; and (c) when an unfit parent demonstrates fitness.  Guardianship can also be modified based on changes in circumstances. 

Contact the Attorneys with Brown & Flesch, PLLC

If you have questions regarding the need for a guardianship over a minor child or the need to terminate or modify a guardianship, contact the attorneys at Brown & Flesch, PLLC.  We understand the legal requirements and will gladly assist you through the process.