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?

Related Topics:
2 Lawyer Answers
Melissa Oxford
Melissa Oxford
PREMIUM
Answered
  • 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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.