Relative Guardianship Handbook

In The District Court Of County

State Of Oklahoma

In The Matter Of )

The Guardianship Of ) PG -

)

)

(a) minor child(ren).

PETITION FOR THE APPOINTMENT OF GUARDIAN OF MINOR CHILDREN

Comes Now the Petitioner, , and informs the Court as follows:

1. That I am now a resident in good faith of County, and the State of Oklahoma for months prior to the filing of this petition.

2. That (is/are) minor child(ren) years of age, respectively, having the following date(s) of birth:

3. That the mother of the minor child(ren) is . Her present address is:

4. That the father of the minor child(ren) is . His present address is:

5. That I am related to the child(ren) in the following manner:

6. That the Court has jurisdiction in this action to make a child custody determination pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 43 O.S. §551-101, et seq., in that Oklahoma is the home state of the minor child. Attached hereto as Exhibit A is my affidavit setting forth the information required by the Act.

7. The minor child(ren) (is/are) not Indian children within the meaning of the Federal or State Indian Child Welfare Acts.

8. The child has asset(s) (real or personal property) in the value of $. The anticipated annual income of the minor child(ren) for one (1) year plus the value of the child(ren)’s personal property is $. If more than one child, list all other children and assets below:

9. Appointment of (check one):

A guardian of the person(s) of the minor(s)

A guardian of the estate(s) of said minor(s)

A guardian of both the person of the minor(s) and the estate/property of the minor(s)

is necessary to provide for the general welfare of the child(ren) and to allow me (the Petitioner) to authorize medical and education services for the child(ren).

10. The parents are unable to care for the child(ren) at this time because:

11. It is in the best interests of the child(ren) that I be appointed:

A guardian of the person(s) of the minor(s).

A guardian of the estate(s) of said minor(s).

A guardian of both the person of the minor(s) and the estate/property of the minor(s).

12. I am qualified to serve as guardian of the of the minor child(ren). I further inform the Court as follows:

a. no judge of the district court is under any financial obligation to me;

b. I am not a minor, incapacitated or partially incapacitated;

c. I have never been convicted of a felony;

d. I am not a person subject to registration under the Oklahoma Sex Offender Registration Act and attached hereto as Exhibit B is an affidavit in regard thereto;

e. I am not insolvent and I have not declared bankruptcy during the five (5) years prior to the filing of this petition;

f. I am under no obligation to the minor child(ren); and

g. there are no conflicts of interest that would preclude or be substantially detrimental to my ability to act in the best interest(s) of the minor child(ren).

WHEREFORE, the Petitioner prays the Court to grant the following relief:

A. Appoint me as the:

A guardian of the person(s) of the minor(s).

A guardian of the estate(s) of said minor(s).

A guardian of both the person of the minor(s) and the estate/property of the minor(s).

B. Set bond in the amount of $.

Waive bond

C. Grant all other just and appropriate relief.

Address

Verification

State Of Oklahoma )

COUNTY OF )

, of lawful age, being first duly sworn upon oath deposes and states: I am the petitioner named above; I have read the foregoing document and understand its contents; I hereby state that the facts set forth in the foregoing document are true and correct to the best of my knowledge and belief.

Petitioner

Subscribed and sworn to before me this day of , .

Notary Public

My Commission Number:

My Commission Expires:

Uniform Child Custody Jurisdiction And Enforcement Act Affidavit

STATE OF OKLAHOMA )

COUNTY OF ) SS

, of lawful age, am the Petitioner in the above-styled and numbered guardianship proceeding, being first duly sworn upon oath, deposes and states:

1. The minor(s), , , presently live at (city), (state), (zip).

2. The minor(s) has/have lived at the following address during the last five (5) years:

4. I have/have not participated as a party, witness or otherwise been involved in a legal proceeding concerning the custody of, or visitation with, said minor(s).

If you have, list the Court, the case number(s) and the date(s) of participation:

5. I have knowledge of the following proceeding pertaining to a divorce of the minor’s(s’) parents, custody proceeding(s) concerning this/these minor(s) proceedings concerning domestic violence or abuse, protective orders, termination of parental rights, adoptions or Department of Human Services or other proceedings.

6. I have knowledge that the following named persons claim a right to custody or a right to visitation with said minor.

7. I acknowledge the I have a continuing duty under the law to inform the Court, in writing, of any additional information acquired by me after executing this “Affidavit”.

Petitioner

Subscribed and sworn to before me this day of , .

Court Clerk / Notary Public

My Commission Number:

My Commission Expires:

Affidavit of Mailing

I, , after first being duly sworn under oath, state as follows:

That I mailed a true and correct copy of the Petition for Appointment of Guardian of a Minor Child and Order and Notice for Hearing for Appointment as Guardian to , natural parents of , on the day of , by certified mail, postage thereon fully prepaid and green card verifying receipt is hereby attached.

FURTHER AFFIANT SAYETH NOT

Dated this day of

Affiant’s Name

Subscribed and sworn to before me this day of , .

Notary Public

My Commission Number:

My Commission Expires:

Waiver of Notice And/or Consent to the Appointment of Guardian

I, , of , being years of age, state under oath that I am:

the above-named minor

one of the above-named minor children

the mother of the above-named minor children

the father of the above-named minor children

a maternal grandparent of the above-named minor children

a paternal grandparent of the above-named minor children

an adult brother of the above-named minor children

an adult sister of the above-named minor children

a person currently having custody of or with whom the above-named minor children currently reside

a person who claims a right to custody of the above-named minor children

a person who claims a right to visitation with the above-named minor children;

and that I do hereby consent to the appointment of the Petitioner as guardian of the person of the above-named minor child(ren).

Executed this day of .

Signature

Subscribed and sworn to before me this day of , .

Court Clerk / Notary Public

My Commission Number:

My Commission Expires:

Nomination of Guardian by a Minor Fourteen Years of Age or Above

, a minor, years of age, having been born on , respectfully states:

1. I have received a copy of the Petition for Appointment of Guardian filed herein by , which Petition seeks the appointment of the Petitioner(s) as guardian of of my person and/or of my estate;

2. I am aware of my right to nominate a guardian to be appointed for me, and that the Court will appoint the person(s) I nominate if the Court approves that Petition, and

3. I hereby nominate:

as guardian(s) of my person and/or my estate if the Court determines that my nominees qualify under the law.

Signature of Minor

Subscribed and sworn to before me this day of , .

Court Clerk / Notary Public

My Commission Number:

My Commission Expires:

Order and Notice for Hearing for Appointment as Guardian

Notice is hereby given that has filed a petition in this court to be appointed guardian of

the person and/or

the estate

of the above-named minor(s),

The court will hear the petition on the day of , , at o’clock ___ m., in courtroom _____ of the County Courthouse.

At that time, you or any other interested person may appear and show cause why the Court should not grant the petition and make the requested appointment.

Dated this day of , _____.

Judge of the District Court

Name , Pro Se

Address

Phone

Oklahoma Sex Offenders Registration Act Affidavit

I am not a person subject to registration under the Oklahoma Sex Offenders Registration Act. I am not married to or living with such a person, or a person who has been convicted of, or has charges pending for, a felony or any relevant misdemeanor, nor is anyone living with me or frequently present in my home previously been convicted of, or has charges pending for, a felony or any relevant misdemeanor.

That as guardian of the above minor child(ren) under no circumstances shall I permit the child to be left in the custody of a person who is known to me to be subject to registration under the Oklahoma Sex Offenders Registration Act. Nor shall I permit the children to be left in the custody of a person married or living with such a person, or with any individual who has been convicted of any crime involving domestic abuse. Nor shall these children be placed in the custody of a person who has previously been convicted of, or has charges pending for, a felony or any relevant misdemeanor.

Subscribed and sworn to before me on this day of .

Court Clerk or Notary Public

My Commission Number:

My Commission Expires:

Exhibit _______ to Petition for Guardianship

Plan for the Care and Treatment Of the Ward(s)

I, (print name), the guardian of the person of the minor child(ren):

hereby submit this:

initial

annual (check one)

Guardianship Plan for the Care and Treatment of the above-listed ward(s).

1. I believe the services necessary for the physical health and safety of the ward(s) are as follows:

2. These services will be obtained and/or provided as follows:

3. A separate guardian of the property of the ward(s) has has not (check one) been appointed.

4. I believe that the following services will assist in fulfilling the needs of the ward(s) and in implementing the terms of the most recent dispositional order:

authority to enroll the ward(s) in school

authority to consent to medical and psychological treatment for the ward(s)

authority to determine the residence of the ward(s)

□ other

City, State, Zip

Phone

Plan for the Management of The Property Of the Ward(s)

I, (print name), the guardian of the person of the minor child(ren):

hereby submit this:

initial

annual (check one)

Guardianship Plan for the Management of the Property of the above-listed ward(s).

1. I believe the services necessary for the management of the property of the ward(s) are as follows:

2. These services will be obtained and/or provided as follows:

3. The decisions as to the management of the property of the ward will be shared with the Guardian of the Person, if a separate Guardian of the Person has been appointed, otherwise I will make all such decisions consistent with the Orders of this Court.

4. I believe that the following services will assist in fulfilling the needs of the ward(s) and in implementing the terms of the Orders of this Court.

Executed this day of , .

City, State, Zip

Phone

Letters of Guardianship

is hereby appointed general guardian of the person of .

WITNESS the undersigned Judge of the District Court of County, State of Oklahoma, this day of .

Judge of the District Court

Oath of Guardian

I, , do solemnly swear that i will discharge all and singular the duties of General Guardian of the person of according to law, and to the best of my ability.

Guardian

Subscribed and sworn to before me this day of , .

Judge of the District Court

Order for Hearing Petition for Appointment of Guardian

Whereas, the Petition of having been filed in this Court on the day of , and it appearing that this Court has jurisdiction and is the proper venue for the matters alleged therein, the Court hereby Orders and Directs that said Petition be set for hearing on the day of at o’clock __.M. in the court room of Judge of the District Court.

Notice hereof shall be given by first class mail with postage prepaid, sent to the last known address of each of the following not less than ten (10 days prior to the hearing date:

1. the minor, if fourteen (14) years of age or older,

2. both parents of the minor,

3. all grandparents of the minor,

4. all adult brothers and sisters of the minor;

5. any person currently having custody or with whom the minor resides; and

6. all persons known to Petitioner who claim any rights to custody or visitation with the minor.

WITNESS my hand and seal of said Court this day of .

Judge of the District Court

Notice of Petition for Appointment of Guardian

You are hereby notified that has petitioned this Court to be appointed guardian of the person and/or estate of the above-named minor and that said Petition will be heard in the court room of Judge in the County Courthouse at on the day of , at o’clock __.M. at which time you may appear and show cause if any, why said Petition should not be granted.

WITNESS my hand and seal of said Court this day of .

Judge of the District Court