Legal Question in Family Law in Oklahoma

Guardianship

I work for Cherokee Nation Indian Child Welfare. My question is regarding a person become the guardian of a child. My question is: I have recently been informed that after guardianship is granted, a parents rights can be terminated if the person having guardianship chooses to attempt to get the parents rights terminated. My question is: Is there a certain amount of time before this can be attempted. Does the parent have a certain amount of time to attempt to get her life back together, or can termination be looked at immediately after a guardianship is done?

This is all based on a case where the mother has agreed to guardianship with the paternal grandmother, but may possibly want to hire an attorney at a later stage and get custody returned to her. Is there a time before the paternal grandmother can start fighting to terminate her rights?


Asked on 7/03/02, 11:08 am

1 Answer from Attorneys

Hunt John Urgentlegalcare.com

Re: Guardianship

Thank you for your question. Under the circumstances you have described a guardianship can be terminated by court order. A person would need to petition the same court where the guardianship was entered. There is no time limit but of course the longer the guardianship continues the children will become accoustomed to the new relationship and this might be a powereful factor to overcome. Termination of parental rights might be sought but I have no facts to go on as to why this might be sought. I hope this has helped you. Please visit my web page at www.urgentlegalcare.com if you legal services in the future.

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Answered on 7/03/02, 11:35 am


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