How do I file for guardianship of my six year old grandaughter? She has been staying with me since last March. The situation at her home is unstable and drugs are involved. I live in Oklahoma and must do this to enroll her in a school near my home. Thanks, Ginny
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Can you tell me, Ma'am, are both parents in the home? If not where are both parents at?
I live in Tulsa county. Her father is living in their home, and is my son. Her mother comes and goes.
Are mom and dad married?
yes, they are
Thank you. That makes it difficult. That is, if mom and dad are married, it makes it very difficult to obtain rights to the child against their wishes. Not impossible...but much more complex. One more question please. Have you notified the county child services about what is going on with the child? If so what result?
No, I have not notified child services. I think my son will agree to my becoming her guardian, but I am not sure about her mother. It is a very difficult and sad situation. My son has started divorce proceedings twice and not followed through. My concern is that my grandaughter be safe.
Thank youIf your fear is safety, child services should be the first step.if mom and dad are married, it is very difficult for a grandparent to get custody. Even if one of the parents agree.Now...after divorce it is actually much easier to gain grandparents rights. The problem you face is that since mom and dad are still married, and since there is no reported instances of abuse, the court is unlikely to grant you a hearing if you filed for custody (guardianship)You can try. You can hire a lawyer and file the case easy enough. But as I mention, since the parents are married and since there have yet to be any reports of abuse with the child, the court is unlikely to even hear the case.You may want to consider a report to child services. If the concern is safety for the child, they are the state agency charged with protecting children.And if dad will agree to you being named guardian, you may want to help dad with a divorce. If dad files for divorce, dad can immediately ask for custody of the child and dad can ask the court to award you custody or temporary guardianship. While the court is unlikely to go into the family while the marriage is intact, once you file for divorce, either parent can ask for custody if there is evidence that a court order is needed to protect the child. So helping dad file for divorce and allowing dad, in the filing for divorce, to grant you custody is another way to protect the child and perhaps gain custody of the child.BotXXXXX XXXXXne: if the parents are still married and there are no reports of abuse from child services, the court is not likely to give custody to a grandparent. But there are steps you can take to keep the child safeLet me know if you have more questions.
Thank you for your help. I did not realize it would be so difficult to get guardianship. Now I know what needs to be done. Ginny
Welcome. Best of Luck Ma'amPlease let me know if you have more questions, if not please accept / rate the question so I get credit for my work.Phil
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