Altus, OK asked in Family Law for Oklahoma

Q: I am looking for the paper to fill out to terminate the guardianship in place for my daughter.

Need guardianship of minor child terminated

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1 Lawyer Answer
Kyle Persaud
Kyle Persaud
Answered

A: Oklahoma state law says:

"A guardian may be removed by the district court for any of the following causes:

1. For abuse of his fiduciary responsibility.

2. For continued failure to perform his duties.

3. For incapacity to perform his duties.

4. For gross immorality.

5. For having an interest adverse to the faithful performance of his duties.

6. If the instrument in which the person was nominated as guardian is judicially determined to be invalid.

7. In the case of guardian of the property, for insolvency.

8. When it is no longer proper that the ward should be under guardianship."

To find this law, click here: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71479

To terminate the guardianship, write a brief saying that one or more of the above listed conditions exists, and that, therefore, the guardianship should be terminated. File this brief with the court clerk. Then, file, with the court clerk, a motion asking the judge to set the case for a hearing date. Take this motion to the judge, and ask for a hearing date. When the judge gives you a hearing date, mail notice of the hearing date to the guardian, to any living parent of the child. Also mail notice of the hearing to the child, if the child is over fourteen.

At the hearing, explain to the judge why the guardianship needs to be terminated.

There is no special "form" to fill out. You will be expected to create a brief yourself. This is a task, that is very complicated, is normally done by lawyers, and, if you are not a lawyer, is very difficult to do yourself. If oyu can afford an attorney, you are likely better off if you get one.

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