Legal Question in Family Law in Oklahoma

Legal Guardianship of 15 yr. old

My husband and I have had a 15 yr. old boy living with us for 16 mos. His mother is living and his father recently passed away. He has not lived with either of his parents for at least one year in addition to the time he has lived with us. When he first moved in, we agreed to be his guardians. We decided to wait until after he turned 14 to pursue it legally since he then could nominate his desired guardian. We have not pursued this any further due to our understanding that we would have to hire a lawyer and also pay court costs. Although it's extra time, my husband and I have obtained the 15 yr. old mother's signature on various paperwork so that he may enroll in school, etc., and have not encountered any major problems taking care of his needs. However, now we have two issues to confront: teen recieving Soc. Sec. benefits from deceased father and we want to move out of Oklahoma and take teen with us. Do we have to obtain legal guardianship through the court system to obtain his Soc. Sec. benefits or take him out of the state and what would be our first step in doing so?


Asked on 12/27/00, 11:55 am

1 Answer from Attorneys
Debra Hampton Debra Hampton, Attorney at Law

Re: Legal Guardianship of 15 yr. old

I would think the Social Security Administration would require a guardianship to be in place prior to giving the benefits to the boy. I believe that you will have to go through court proceedings in order to get everything in place correctly. Check with some attorneys in your area for quotes on legal fees and court costs.

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Answered on 12/29/00, 8:53 pm


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