Oklahoma Guardianship Forms

If you are seeking to become the guardian of a minor child in Oklahoma, you will need Oklahoma guardianship forms. On this page, I have posted free printable guardianship forms for Oklahoma. I have also posted forms to terminate guardianship in Oklahoma, for those who want to terminate the guardianship of a child.


A guardian is a person whom a court appoints, to care for another person. A court may appoint a guardian for a minor child, or for an incapacitated adult. For further information about what a guardian is, and how to become one, click here and here.


A few words of caution about the forms on this site:

 

  • These forms are not a substitute for hiring an attorney. It’s generally not a good idea to represent yourself in court. Click here to see why. You will find these guardianship forms complicated, and you will likely have difficulty filling them out. I have provided these forms because many people have asked where they can find guardianship forms online. But I know of many stories, of people who file cases in court using online forms and make mistakes that cause them harm later on. In an earlier blog post, I explain the problems with online will forms. Many of my criticisms of online will forms, also apply to online guardianship forms. Chances are, you will make a mistake if you file for guardianship without an attorney. If you can afford an attorney, it’s best to have one. Contact the Persaud Law Office to request a free consultation.
     

  • These forms are only for the guardianship of a minor child. These forms will not work for filing of a guardianship for an adult. 
     

  • These forms are for Oklahoma only. Every state has its own guardianship laws. If your case is not in Oklahoma, do not use these forms.
     

  • These forms will not be enough if you file for guardianship, and the biological parents contest the guardianship.
     

  • Every guardianship case is different, and these forms will not work for all cases.

​Filing for Guardianship

If you want to file for guardianship, you will need to fill out the following forms:

If you are filing for an emergency guardianship, skip down to “Emergency Guardianship Forms – Oklahoma”


After you have filled out these papers, take them to a notary. Sign the papers in the presence of a notary, and have the

papers notarized.


After you have had the documents notarized, take the documents to the courthouse in the county where the child resides. Along with these documents, take

 

Fill out this order before you go to court. But, leave the space for the hearing date, and the judge’s signature, blank. The judge will fill in these spaces.


Then, take the five documents to the courthouse. Go to the court clerk’s office, and ask the clerk to file:

 

  • The Petition
     

  • The Oklahoma Sex Offenders Registration Act Affidavit
     

  • The UCCJEA Affidavit
     

  • Plan for Care and Treatment of the Wards  

You will have to pay a filing fee to the court clerk.


Then give the Order Setting Hearing to the clerk, but do not ask the clerk to file it. Instead, ask the clerk to give the order to the judge, and ask the clerk to call you when the judge signs the order. (Some clerks and judges handle this process differently; ask your clerk how they handle the process.)
 

Background check forms

 

To be appointed guardian of a minor, you will need a background check. So, while you are waiting for the judge to sign the order, fill out the following forms:

 


Deliver the CANIS Report request to the Oklahoma Department of Human Services (DHS), at the address, fax number, or e-mail address listed on the form. Mail or fax the OSBI Criminal History Record Information Request to the Oklahoma State Bureau of Investigation (OSBI) at the fax number or address listed on the form.


OSBI will send a criminal history report to you. DHS will send a CANIS report to the courthouse.

After the judge signs the order setting hearing

After the judge signs the order setting hearing, you will need to deliver the petition and order to:

 

  • The minor, if the minor is at least 14 years old on the date the petition is filed
     

  • The then-living parents of the minor and any other person having custody of the minor, if such parent or person is not one of the petitioners;
     

  • If the minor has no then-living parent, then to one of the then-living grandparents who is not one of the petitioners and who is not married to one of the petitioners; and
     

  • If there is no such then-living grandparent or if there is no such then-living grandparent whose address is known to the petitioner, then notice shall be given to an adult relative, if any, of the minor residing in the county in which the petition was filed.

 

You will need to deliver these documents in a manner prescribed by Oklahoma law. You may deliver these documents by either:

  • Giving them to the sheriff in the county where each person resides and having the sheriff personally serve the documents on each person, or
     

  • Mailing the documents by certified mail to each person
     

  • Giving the documents to a licensed process server, and having the process server personally serve the documents on each person. Most court clerks maintain lists of licensed process servers in their county. Ask your clerk if they have such a list.

You must serve these documents at least ten days before the hearing.

If the child is Indian

If the child is Indian, the Indian Child Welfare Act (ICWA) applies. Under ICWA, a child is considered “Indian” if the child

 

  • Is a member of a federally recognized Indian tribe, or
     

  • Is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe
     

  • A child is considered Indian even if the child does not have a CDIB card. To be on the safe side, I would advise you to follow the ICWA rules if the child is of Indian descent.

If the child is Indian, you need to fill out:

You must send this notice to:
 

  • All parents of the child
     

  • Any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child
     

  • All Indian tribes in which the child is or may be eligible for membership (you can find a tribe’s mailing address by typing the tribe into Google)
     

  • The appropriate Bureau of Indian Affairs area office (to find the appropriate office for your region, click on https://www.bia.gov/regional-offices)


Along with the ICWA notice, you must also send, to each of these entities, a copy of the petition, and a copy of the order for hearing. You must send these documents by registered mail, not certified mail. If a postal clerk asks if you want to send them by certified or registered mail, make sure he sends them by registered mail.
 

At the hearing

Your date of hearing has arrived. Likely, you’re nervous – most people are nervous in event of such significance as the guardianship of a child. 


When you go to the hearing, the judge will likely ask if anyone has any objection to the guardianship. Because you are required to notify the parents, the parents may appear at the hearing and object. If the parents, or anyone else, objects to the guardianship, the judge will hold a hearing. At the hearing, the judge will hear evidence from both sides, and decide, based on the evidence, whether you should be appointed guardian. If the guardianship is contested, you should have a lawyer represent you at the hearing. The Persaud Law Office is available to represent you at a contested guardianship hearing; contact us for more information.

If the guardianship is not contested, the judge will then ask if the OSBI has sent you the OSBI background check and if DHS has sent the CANIS report to the courthouse. If OSBI has sent you their background check, you should take this report with you, and give it to the judge. A judge may not appoint you as general guardian until he has received both the OSBI background check and the CANIS report.


Often, though, OSBI and DHS do not send their reports by the time of the first hearing. If the judge has not received those reports, he may decide to appoint you as temporary guardian, while you wait for the reports to come in. Because of this, I’ve created temporary guardianship forms, for you to take to the judge. If the judge has not received the OSBI background check and the CANIS report, use these temporary guardianship forms. If the judge has received the OSBI background check and the CANIS report, skip down to “General Guardianship Forms – Oklahoma” below.

Free Temporary Guardianship Forms – Oklahoma 

Fill out these documents:


You will note that, on these forms, there are some spaces that you can fill in on your computer; other spaces you cannot fill in on your computer. If there is a space you cannot fill in on your computer, leave this space blank until you go to your court hearing.


Typically, the judge will order each biological parent to pay child support. So, you will also have to fill out a child support computation. Oklahoma law has a formula for computing child support. To create a child support computation based on Oklahoma law, click here. Type in the data the site requests; the site will then generate a child support computation, showing how much child support each parent, has to pay. Take this child support computation to court with you, and ask the judge to sign it.


At the hearing, give these temporary guardianship forms to the judge. The judge will tell you to sign the oath that is at the bottom of the letters of temporary guardianship. Sign this, and then the judge will sign both papers. After your hearing, take these papers to the court clerk, and ask the clerk to file them. Also, ask the clerk to give you two certified copies of each document. Keep these certified copies with you; these certified copies are legal evidence that you have custody of the children. You may need to show these papers to certain persons (for example, school and medical personnel, police officers) if the question of your custody comes up.


Congratulations! You are now the legal guardian of the children. As guardian, you have important rights and duties. Learn more about the rights and duties of a guardian in our blog post, "What Are the Rights and Duties of a Guardian?"


If you are only temporary guardian, the judge will likely set another hearing date, to see if the OSBI background check and CANIS report, have been delivered yet. As soon as the judge receives these reports, the judge will be allowed to appoint you as general guardian. 

 

General Guardian Forms – Oklahoma 

When the judge is ready to appoint you general guardian, take to court the following forms:

 

  • Order Appointing General Guardian (PDF) - When you fill out this form, you must also fill out a child support computation along with it. To create a child support computation based on Oklahoma law, click here. Type in the data the site requests; the site will then generate a child support computation, showing how much child support each parent, has to pay. Take this child support computation to court with you, and ask the judge to sign it.


At the hearing, give these forms to the judge. The judge will tell you to sign the oath that is at the bottom of the letters of general guardianship. Sign this, and then the judge will sign both papers. After your hearing, take these papers to the court clerk, and ask the clerk to file them. Also, ask the clerk to give you two certified copies of each document. Keep these certified copies with you; these certified copies are legal evidence that you have custody of the children. You may need to show these papers to certain persons (for example, school and medical personnel, police officers) if the question of your custody comes up.
 

 

Oklahoma Guardianship Annual Report Forms

If you are appointed guardian, you will have to file a report, with the court, every year. Here’s how:
Fill out:

 


Sign the reports, and have the reports notarized. You will note that each report has a “Notice” Page. This page says,
“Any objection to this report must be filed within fifteen (15) days after ______________, the date of the filing of the annual report with the court.” In the blank, written in the date that is fifteen days after the date you are filing the report with the Court.


Take the documents to the court clerk. Ask the clerk to file the Annual Report of Guardian of Person and the Annual Report of the Guardian of Property. Do not ask the clerk to file the Order Approving Annual Report. Give this order to the clerk, and ask the clerk to give the order to the judge. ask the clerk to call you when the judge signs the order. (Some clerks and judges handle this process differently; ask your clerk how they handle the process.)


After you leave the courthouse, mail copies of the annual reports to all persons listed on the certificate of mailing.
When the court clerk calls you and tells you that the judge has signed the order, go to the courthouse, and get a copy of the order to keep for yourself.

Emergency Guardianship Forms – Oklahoma 

In Oklahoma, and emergency guardianship is called a “special guardianship.” You may be appointed special guardian if:

 

  1. There is imminent danger that the health or safety of the child will be seriously impaired or that the financial resources of the child will be seriously damaged or dissipated unless immediate action is taken; and
     

  2. No other person appears to have authority to act in the circumstances or the guardian previously appointed is unable to or refuses to take action.
     

  3. For further information on a special guardianship, read the statute here.


To file for special guardianship, fill out these forms:

 


Take all of these documents with you to court. Go to the court clerk’s office, and file:

  • Petition  
     

  • Oklahoma Sex Offenders Registration Act Affidavit  
     

  • UCCJEA Affidavit 
     

  • Plan for Care and Treatment of the Wards  


Don’t file the other documents yet. After you have filed these four documents, tell the court clerk that you need to see a judge right away and that you have an emergency, and you need to be appointed emergency guardian. Then, follow the court clerk’s instructions.


The judge may either:

 

  • Hear your case without giving notice to anyone, or
     

  • Order you to give notice to certain persons before he hears your case. If the judge orders you to give notice, give the judge the Order Setting Hearing, and ask him to enter a date and sign the order. After the judge signs the order, give the order to a sheriff, or a licensed process server, and ask the sheriff or process server to serve the documents on all persons the judge orders you to serve. (Most court clerks keep lists of licensed process servers in the county; if you want a licensed process server, ask your court clerk if they have a list.)
     

 

At the hearing (or if the judge hears your case without notice)

At the hearing, or if the judge hears your case without notice, the judge will determine if you should, in fact, be appointed special guardian. If the judge appoints you special guardian, give these documents to the judge:

 

  • Order Appointing Special Guardian
     

  • Letters of Special Guardianship  
     

  • Order Approving Plan for Care and Treatment of the Ward  


The judge will tell you to sign the oath that is at the bottom of the letters of special guardianship. Sign this, and then the judge will sign both papers. After your hearing, take these papers to the court clerk, and ask the clerk to file them. Also, ask the clerk to give you two certified copies of each document. Keep these certified copies with you; these certified copies are legal evidence that you have custody of the children. You may need to show these papers to certain persons (for example, school and medical personnel, police officers) if the question of your custody comes up.


The judge may then order you to serve the order on certain persons. If the judge orders you to do this, give the order to a sheriff, or a licensed process server, and ask the sheriff or process server to serve the documents on all persons the judge orders you to serve.


A special guardianship may, by law, last no more than thirty days. So, if the judge grants you a special guardianship, the judge may set a later hearing date, to determine whether you may be appointed General Guardian. If the judge does this, you will need to get a background check. Go up to “Background check forms” on this page, above, and follow the instructions from there.

Custody by Abandonment – Forms 

If the child’s parents have abandoned him, and the child is in your care, you may be able to file for custody by abandonment. Under Oklahoma law, you may file for custody by abandonment if:

 

  1. The minor is residing full-time with you, and you contribute the major degree of support for the minor; and
     

  2. You are unable to contact the parent or parents or person or persons having legal custody of the minor, or the parent or parents or other person or persons having legal custody of the minor fail to or refuse to regain physical custody of the minor after you request the parents, in writing, to regain custody, and
     

  3. You are an adult grandparent, great-grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew, of the child, or a spouse of any such person.


To file for custody by abandonment, you will need to fill out the following forms:

 


After you have filled out these papers, take them to a notary. Sign the papers in the presence of a notary, and have the papers notarized.


After you have had the documents notarized, take the documents to the courthouse in the county where the child resides. Along with these documents, take

 


Fill out this order before you go to court. But, leave the space for the hearing date, and the judge’s signature, blank. The judge will fill in these spaces.


Then, take the five documents to the courthouse. Go to the court clerk’s office, and ask the clerk to file:

 

  • The Petition for Custody by Abandonment
     

  • The Oklahoma Sex Offenders Registration Act Affidavit
     

  • The UCCJEA Affidavit
     

  • Plan for Care and Treatment of the Wards  


You will have to pay a filing fee to the court clerk.


Then give the Order Setting Hearing to the clerk, but do not ask the clerk to file it. Instead, ask the clerk to give the order to the judge, and ask the clerk to call you when the judge signs the order. (Some clerks and judges handle this process differently; ask your clerk how they handle the process.)

Background check forms

To be appointed guardian of a minor, you will need a background check. So, while you are waiting for the judge to sign the order, fill out the following forms:

 


Deliver the CANIS Report request to the Oklahoma Department of Human Services (DHS), at the address, fax number, or e-mail address listed on the form. Mail or fax the OSBI Criminal History Record Information Request to the Oklahoma State Bureau of Investigation (OSBI) at the fax number or address listed on the form.


OSBI will send a criminal history report to you. DHS will send a CANIS report to the courthouse.

After the judge signs the order setting hearing

After the judge signs the order setting hearing, you will need to deliver the petition and order to:

 

  • the minor, if the minor is at least 14 years old on the date the petition is filed
     

  • The then-living parents of the minor and any other person having custody of the minor, if such parent or person is not one of the petitioners;
     

  • If the minor has no then-living parent, then to one of the then-living grandparents who is not one of the petitioners and who is not married to one of the petitioners; and
     

  • If there is no such then-living grandparent or if there is no such then-living grandparent whose address is known to the petitioner, then notice shall be given to an adult relative, if any, of the minor residing in the county in which the petition was filed.


You will need to deliver these documents in a manner prescribed by Oklahoma law. You may deliver these documents by either:

 

  • Giving them to the Sheriff in the county where each person resides, and having the sheriff personally serve the documents on each person, or
     

  • Mailing the documents by certified mail to each person
     

  • Giving the documents to a licensed process server, and having the process server personally serve the documents on each person. Most court clerks maintain lists of licensed process servers in their county. Ask your clerk if they have such a list.


You must serve these documents at least ten days before the hearing.

If the child is Indian

If the child is Indian, the Indian Child Welfare Act (ICWA) applies. Under ICWA, a child is considered “Indian” if the child

 

  • Is a member of a federally recognized Indian tribe, or
     

  • Is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe


A child is considered Indian even if the child does not have a CDIB card. To be on the safe side, I would advise you to follow the ICWA rules if the child is of Indian descent.


If the child is Indian, you need to fill out:

 

You must send this notice to:
 

  • All parents of the child
     

  • any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child
     

  • all Indian tribes in which the child is or may be eligible for membership (you can find a tribe’s mailing address by typing the tribe into Google)
     

  • the appropriate Bureau of Indian Affairs area office (to find the appropriate office for your region, click on https://www.bia.gov/regional-offices)


Along with the ICWA notice, you must also send, to each of these persons, a copy of the petition, and a copy of the order for hearing. You must send these documents by registered mail, not certified mail. If a postal clerk asks if you want to send them by certified or registered mail, make sure he sends them by registered mail.

At the hearing

Your date of hearing has arrived. Likely, you’re nervous – most people are nervous in event of such significance as the guardianship of a child. 


When you go to the hearing, the judge will likely ask if anyone has any objection to the guardianship. Because you are required to notify the parents, the parents may appear at the hearing and object. If the parents, or anyone else, objects to the guardianship, the judge will hold a hearing. At the hearing, the judge will hear evidence from both sides, and decide, based on the evidence, whether you should be appointed guardian. If the guardianship is contested, you should have a lawyer represent you at the hearing.


If the guardianship is not contested, the judge will then ask if the OSBI has sent you the OSBI background check and if DHS has sent the CANIS report to the courthouse. If OSBI has sent you their background check, you should take this report with you, and give it to the judge. A judge may not appoint you as general guardian until he has received both the OSBI background check and the CANIS report.


If the judge has received the OSBI background check, and the CANIS report, the judge may grant you custody by abandonment. If the judge grants you custody by abandonment, give these forms to the judge:

 

  • Letters of Custody by Abandonment (PDF) 
     

  • Decree of Custody by Abandonment (PDF) 
     

  • You will note that, on these forms, there are some spaces that you can fill in on your computer; other spaces you cannot fill in on your computer. If there is a space you cannot fill in on your computer, leave this space blank until you go to your court hearing.
     

  • Typically, the judge will order each biological parent to pay child support. So, you will also have to fill out a child support computation. To create a child support computation based on Oklahoma law, click here. Type in the data the site requests; the site will then generate a child support computation, showing how much child support each parent, has to pay. Take this child support computation to court with you, and ask the judge to sign it.


At the hearing, give the custody by abandonment forms to the judge. The judge will tell you to sign the oath that is at the bottom of the letters of custody by abandonment. Sign this, and then the judge will sign both papers. After your hearing, take these papers to the court clerk, and ask the clerk to file them. Also, ask the clerk to give you two certified copies of each document. Keep these certified copies with you; these certified copies are legal evidence that you have custody of the children. You may need to show these papers to certain persons (for example, school and medical personnel, police officers) if the question of your custody comes up.


Often, though, OSBI and DHS do not send their reports by the time of the first hearing. If the judge has not received those reports, he may not grant you custody by abandonment. But, the judge may appoint you as temporary guardian, while you wait for the reports to come in. Because of this, I’ve created temporary guardianship forms, for you to take to the judge. Scroll up on this page to “Free Temporary Guardianship Forms – Oklahoma” and follow the directions there.

Termination of Guardianship Forms – Oklahoma

If you are the biological parent, and your child is under a guardianship, you may terminate the guardianship, if you can show the court that the conditions that led to the guardianship, have been corrected. Because many parents seek to terminate guardianships, I’ve posted termination of guardianship forms for Oklahoma.

Form to terminate guardianship in Oklahoma  

The first step to terminate Guardianship in Oklahoma is to fill out these forms:

 


Then, take the two documents to the courthouse. Go to the court clerk’s office, and ask the clerk to file the Petition. Then give the Order Setting Hearing to the clerk, but do not ask the clerk to file it. Instead, ask the clerk to give the order to the judge, and ask the clerk to call you when the judge signs the order. (Some clerks and judges handle this process differently; ask your clerk how they handle the process.)


After the judge signs the order setting hearing, mail the order to all persons listed on the certificate of mailing.
Before your hearing, fill out:

 


You will note that, on this form, there are some spaces that you can fill in on your computer; other spaces you cannot fill in on your computer. If there is a space you cannot fill in on your computer, leave this space blank until you go to your court hearing. 

 

Take this order to the hearing.


At your hearing, the judge will decide whether to terminate your guardianship. If the judge terminates your guardianship, give the order to the judge and ask him to sign it. After the judge signs the order, take the order to the court clerk, and ask the clerk to file it. Ask the clerk to give you two certified copies of the order. Keep these copies with you in a safe place.


Congratulations! After the judge has signed the order terminating guardianship, you now have custody of your child again.

How to Relinquish Guardianship if You are the Guardian

If you are the guardian, and you want to relinquish guardianship, do the following:

 


Do not file the Order for Hearing on Final Report. Give this order to the clerk, but do not ask the clerk to file it. Instead, ask the clerk to give the order to the judge, and ask the clerk to call you when the judge signs the order. (Some clerks and judges handle this process differently; ask your clerk how they handle the process.)

 

  • Mail copies of the Resignation, the Final Report of the Guardian of the Person, and the Final Report to all persons listed on the certificate of mailing.
     

  • When the clerk calls you and tells you that the judge has signed the Order for Hearing on Final Report, go to the courthouse and pick up a copy. Make copies of the order, and mail a copy to all persons listed on the certificate of mailing
     

  • Note the date that the judge has filled in, on the Order for Hearing on Final Report. You should go to court on that date.
     

  • Before your hearing date, fill out 
     

When you go to your hearing, take the Order Approving Final Report with you. When the judge calls your case, give the judge the Order Approving Final Report, and ask the judge to sign the order. 

If the judge signs your order, you are now, no longer the guardian of the children. Take the signed order to the court clerk’s office. Ask the clerk to file the order and give you two certified copies of the order. Keep these certified copies with you in a safe place.

If You Are Seeking Guardianship, the Persaud Law Office Can Help

Becoming a guardian for children, who need the care can be a very loving act. But, remember, the forms on this page are not a substitute for an attorney. These forms only scratch the surface. If these forms do not work for you, or if you have any questions, or if you are confused about anything on these forms, then you probably need a lawyer. The Persaud Law Office can help you. Give us a call today at 918-480-8421, or click the link below to request a free consultation.

NOTE: The information provided on this website is not intended to be, and does not constitute, the giving of legal advice. The information provided here is not intended to be, and should not be used as, a substitute for individual reliance on privately retained legal counsel. Information provided on this site may not constitute the most current or complete information with respect to legal topics or developments. Mr. Persaud expressly disclaims all liability based on any information contained on this site.”

© 2020, by Kyle Persaud.