Tulsa, OK asked in Family Law for Oklahoma

Q: My granddaughter, 7 years old has lived with me for the past 3.5 years. With both parents consent.

I was given temporary guardianship of her till fist of August. Her dad's new girlfriend of 3 months who suffers from PTSD & seizures wants her to live with them. My granddaughter's mom wants her to continue staying with me and she and dad are still legally married. Hiring an attorney would be a hardship, but is possible. Do I need one or will a judge see that staying me me is in the best interest of the child?

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2 Lawyer Answers
Melissa  Webb
Melissa Webb
  • Tulsa, OK
  • Licensed in Oklahoma

A: I recommend consulting an adoption attorney if one of the biological parents is contesting the adoption. There is also an adoption tax credit you may be entitled to if you are ultimately successful in adopting your grandchild, but you will have to pay the legal fees and claim it on your taxes later.

Doak Willis
Doak Willis
  • Tahlequah, OK
  • Licensed in Oklahoma

A: If you have a guardianship in place through the Court system, there would need to be filed a motion to terminate that guardianship which means you would need an attorney. If the guardianship is not through the Courts but one where you all had a verbal agreement, you would need to consult an attorney to start the process.

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