Joplin, MO asked in Family Law, Child Custody and Native American Law for Oklahoma

Q: What would be a reason we are still in emergency temporary guardianship 16 months later?

We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months of a child living with a guardian, the parents have not been consistent with their visits, and they have not provided any support that its grounds for permanent guardianship to be granted?

2 Lawyer Answers
Hans Otto Lehr
Hans Otto Lehr
Answered
  • Divorce Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."

As to your second point, I would need to see what the parents' specific requirements/standards are before I could address that. The Court should have put in place certain requirements that the parents' needs to meet/complete before the guardianship is terminated.

If you consult with an attorney licensed in Oklahoma and experienced in the area of family law, you should be able to get some more specific answers.

Pete David Louden
Pete David Louden
Answered
  • Norman, OK
  • Licensed in Oklahoma

A: Your attorney knows everything about your case and is the person who you should ask all questions concerning your case.

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