Guardianship
Often a family member or friend of a child will contact me to tell me that they are seeking “custody” of that child. Be it known that, in most instances, only a parent has legal custody of a child. A GUARDIANSHIP is not technically the same thing as custody, and the Judge who hears your guardianship case and a particularly county is usually not the same Judge who would hear a case where natural parents might fight for custody of the same child, unless such Court is in a small, unpopulated county with few Judges to hear cases. In my experience, the common scenario for a guardianship is this: Someone became a mother at a young age; the father is nowhere to be found and is uninvolved in the child’s life; the custodial parent is on drugs, rarely works, and moves around frequently. In some way it either apparent that, or the natural parent agrees through consent that, they are at this time unfit and inappropriate to raise this child.
Guardianships are “temporary” by nature. You can obtain a final guardianship Order, and a few years later, after the natural parent has the chance to prove they have bettered themselves and are not in the same situation that led to the guardianship occurring, such guardianship may be terminated upon motion by the natural parent. However, especially where older, teenage children, I have found in my experience that most guardianship orders, once in place, remain in effect through the child reaching adulthood. Still, unless both natural parents rights have been terminated and a formal legal ADOPTION has occurred, there is always the possibility that a natural parent will take legal action and successfully terminate the guardianship by proving that they are no longer unstable and/or irresponsible, or that they never were so but simply agreed to the guardianship out of convenience (e.g., went off to college and left child with grandparents to make it easier on everyone).
I have handled and continue to handle several guardianship cases for upfront retainers ranging from $700 to $900. I have helped family members and friends obtain guardianship of a child they believed was in a bad situation. On the other side of the fence, I have fought for natural parents who believed, along with me, that they were not unfit but were well able to raise their own child, defending against initial guardianship actions and terminating existing guardianship orders.
Let me help you. Contact JOEL K. MITCHELL, Attorney-at-Law.
jkm@oklahomadivorceattorney.com or (918) 371-1896