If you’re wanting to end a guardianship of your children in Tulsa County, it requires court approval. The steps include filing a petition, attending a court hearing, and demonstrating that the guardianship is no longer necessary. Here, we’ll break down the steps you need to follow and the requirements that need to be met.
Steps to End a Guardianship in Oklahoma
Ending a guardianship requires you to follow a legal process that is guided by Oklahoma law.
Grounds for Termination: The court’s primary concern is the best interests of the child, therefore you must demonstrate that ending the guardianship serves this. For example, if you have overcome personal issues such as substance abuse or financial instability.
The Petition: Prepare a petition to terminate the guardianship and file it with the court. Include your reasons for seeking termination and evidence. You can get any of the needed forms from either the court or an attorney. If you can’t afford the filing fees, you can request a fee waiver.
Notify Interested Parties: Serve a copy of the petition to the current guardian and any other interested parties, such as other family members involved in the case.
Court Hearing: The court will schedule a hearing to review the petition and you will receive a notice of the hearing date. Before the hearing, collect proof as to why the court should terminate the guardianship. Hiring an attorney will be beneficial to you, especially in cases that will be more complex or contested.
Present Your Case: Attend the hearing and explain why the guardianship is no longer necessary and how terminating it serves the best interests of your children. If applicable, bring witnesses who can testify on your behalf, such as family members who can speak to your ability to care for your children.
Judge’s Decision: The judge will evaluate the evidence and testimony presented. If they issue an order terminating the guardianship, it will officially end after the signing and filing of the order.
Follow-Up Actions: Get copies of the court order and update your information wherever you may need to, such as with schools and medical providers.
Important Considerations
As with any custody case involving children, this is something that requires heavy consideration. The courts primary interest is the best interest of the child, or their welfare and stability. The more evidence you can provide to the court, the stronger your case will be. Throughout the entire process, keep open lines of communication with the guardian and other interested parties throughout the process. This can help to avoid misunderstandings and conflicts.
Tulsa County Guardianship Attorneys
Ending a guardianship of your children in Oklahoma requires filing a petition with the court, serving notice to the current guardian and interested parties, attending a court hearing, and presenting evidence that terminating the guardianship is in the best interests of the children. It is crucial to demonstrate a significant change in circumstances and to focus on the children’s welfare. Seeking legal advice can help you navigate this complex process and increase the likelihood of a successful outcome.
Our team here at Tulsa County Lawyers Group will guide you through the guardianship termination. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
