Oklahoma § 30-2 - Renumbered as § 1-107 of this title by Laws 1988, c. 329, §

§ 30-2. Renumbered as § 1-107 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-2-101. When guardian of minor to be appointed - Petition Notice.

A. The court of each county, when it appears necessary or

convenient, may appoint guardians for the persons and estates, or

either, or both of them, of minors. When appointing guardians,

preference shall be given to relatives and persons who have a

kinship relationship with the minor.

B. Such appointment may be made on the verified petition of a

relative or other person in behalf of such minor.

C. 1. Before making the appointment, the court may receive an

investigation and report regarding the background and home of the

prospective guardian. The investigation and report of the

prospective guardian and placement restrictions and requirements

shall be made pursuant to the requirements of the Oklahoma Adoption

Code. In determining whether to require a home study pursuant to

Oklahoma Statutes - Title 30. Guardian and Ward

the provisions of this paragraph, the court shall balance the need

for a home study to protect the best interests of the minor with the

ability of the prospective guardian to pay for the home study.

2.

a.

Costs of the home study shall be assessed against any

private child-placing agency having custody of the

child, or the person having legal custody of the child

or the prospective guardians of the child.

b.

(1) For any child in the custody of the Department of

Human Services or the Office of Juvenile Affairs,

the applicable Department shall conduct or

provide for the home study for such child as

required by the Oklahoma Children’s Code or the

Oklahoma Juvenile Code.

(2) The Department of Human Services or the Office of

Juvenile Affairs shall not be required by any

court to conduct or provide for a home study and

report to the court on guardianship placements

for any child that is not in the custody of

either Department.

3. An order appointing a guardian of the minor who has a parent

living or other person legally responsible for the child shall

comply with the provisions of Section 2-108 of this title.

4. Except in the case of an emergency guardianship placement,

the court shall receive a background check for a prospective

guardian and all other household members eighteen (18) years of age

and older, consisting of a review of a national fingerprint-based

criminal background check or an Oklahoma State Bureau of

Investigation name-based criminal history background check, a search

of the Department of Corrections’ files maintained pursuant to the

Sex Offenders Registration Act, and a search of the child abuse and

neglect information system (CANIS) maintained for review by

authorized entities by the Department of Human Services. The

Department may charge a fee not to exceed Thirty-five Dollars

($35.00) for each search performed pursuant to this paragraph. In

the case of an emergency placement, the court may waive the

requirement for a CANIS search if it cannot be obtained in a

reasonable time and the court determines that it is in the minor’s

best interest that the CANIS search be waived.

D. In addition, before making the appointment, the court must

cause notice of the hearing on the petition for appointment of a

guardian for a minor to be given in the form required by the court

to the minor if the minor has attained the age of fourteen (14) as

of the date the petition is filed. The court shall also cause

notice to be sent to the following persons:

1. 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;

Oklahoma Statutes - Title 30. Guardian and Ward

2. 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

3. 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.

E. Such notice shall be mailed to each person entitled to

notice pursuant to this section, at that person’s address as lastknown to the petitioner, at least ten (10) days prior to the date

set by the court for hearing on the petition. Provided, the court

may direct a shorter notice period if the court deems such shorter

notice period to be appropriate under the circumstances. If there

is no person other than the minor who is entitled to notice, or if

the address of any person, other than the minor, who is entitled to

notice is not known to the petitioner, the petition shall so allege.

The court may direct that notice, other than notice to the minor if

the minor has attained the age of fourteen (14), be waived or be

given to any person or persons other than the minor in such manner

as the court determines and directs.

R.L. 1910, § 6522. Amended by Laws 1953, p. 244, § 64; Laws 1969,

c. 302, § 27, eff. Jan. 1, 1970; Laws 1988, c. 329, § 25, eff. Dec.

1, 1988. Renumbered from § 761 of Title 58 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 19,

operative July 1, 1990; Laws 2004, c. 158, § 1; Laws 2018, c. 196, §

1, eff. Nov. 1, 2018; Laws 2019, c. 401, § 1, eff. Nov. 1, 2019;

Laws 2021, c. 26, § 1, eff. Nov. 1, 2021; Laws 2025, c. 375, § 7,

eff. Nov. 1, 2025.

§30-2-102. Nominations of guardian.

A. A guardian of the person or estate, or of both, of a child

born, or likely to be born, may be nominated by will or by other

written instrument, to take effect upon the death of the parent so

nominating:

1. If the child is born in wedlock, by either parent or by both

parents.

2. If the child is born out of wedlock, by the mother of the

child or by the natural father of the child, if said natural father

has acknowledged paternity pursuant to Section 55 of Title 10 of the

Oklahoma Statutes or has been judicially determined to be the father

of the child at a paternity proceeding pursuant to Section 70 of

Title 10 of the Oklahoma Statutes, or by both such mother and

father.

B. A nomination made by a parent who has relinquished parental

rights pursuant to an adoption proceeding or whose parental rights

have been terminated by a district court shall have no effect.

Oklahoma Statutes - Title 30. Guardian and Ward

R.L. 1910, § 3326. Amended by Laws 1988, c. 329, § 26, eff. Dec. 1,

1988. Renumbered from § 6 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1991, c. 71, § 6, emerg.

eff. April 15, 1991.

§30-2-103. Nomination and appointment of guardian - Age of minor.

A. If the minor is under the age of fourteen (14) years, the

court may name and appoint his guardian. If the minor has attained

the age of fourteen (14) years, the minor may nominate his own

guardian, who, if approved by the court, must be appointed

accordingly.

B. The court, in appointing a guardian for a minor, is to be

guided by Section 112.5 of Title 43 of the Oklahoma Statutes.

R.L. 1910, § 6523. Amended by Laws 1953, p. 244, § 65; Laws 1988,

c. 329, § 27, eff. Dec. 1, 1988. Renumbered from § 762 of Title 58

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws

2009, c. 234, § 135, emerg. eff. May 21, 2009; Laws 2010, c. 358, §

5, emerg. eff. June 7, 2010.

§30-2-104. Nomination of guardian by minor at 14 years of age Approval of court.

When a guardian has been appointed by the court for a minor

under the age of fourteen (14) years, the minor, at any time after

he has attained age fourteen (14), may nominate his own guardian,

subject to the approval of the court.

R.L. 1910, § 6529. Amended by Laws 1988, c. 329, § 28, eff. Dec. 1,

1988. Renumbered from Title 58, § 768 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.

§30-2-105. Appointment when ward's nominee ineligible.

If a guardian nominated by a minor who has attained the age of

fourteen (14) years is not approved by the court or if, after being

notified by the court, the minor neglects for ten (10) days to

nominate a suitable person, the court may name and appoint a

guardian in the same manner as if the minor was under the age of

fourteen (14) years.

R.L. 1910, § 6524. Amended by Laws 1988, c. 329, § 29, eff. Dec. 1,

1988. Renumbered from Title 58, § 763 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.

§30-2-106. Appointment of parents as guardians.

A minor's parent who is competent to transact his or her own

business and not otherwise unsuitable or disqualified by law to

serve as the guardian of said minor, shall be entitled to the

guardianship of the minor until the minor has attained the age of

fourteen (14) years. The parent petitioning the court for

appointment as guardian of the minor must have the endorsement or

Oklahoma Statutes - Title 30. Guardian and Ward

nomination of the other parent, if the natural parents of the minor

are married and living together. In cases where both parents are

separately seeking appointment as guardian of the minor, the court

may, upon full investigation, appoint the parent who in the judgment

of the court is the most competent to look after the interest of

said minor.

R.L. 1910, § 6530. Amended by Laws 1913, c. 29, p. 59, § 1; Laws

1988, c. 329, § 30, eff. Dec. 1, 1988. Renumbered from Title 58, §

769 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-2-107. Guardian in charge of education.

If the minor has no father or mother living who is competent to

have charge of the education of the minor, the guardian appointed by

the court shall have the same.

R.L. 1910, § 6531. Amended by Laws 1988, c. 329, § 31, eff. Dec. 1,

1988. Renumbered from Title 58, § 801 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.

§30-2-108. Education and maintenance of minor - Income from

property of minor - Guardianship of minor with living parent - Child

support.

A. If any minor, having a parent or parents living, has

property, the income of which is sufficient for his or her

maintenance and education in a manner more expensive than such

parent or parents can reasonably afford, regard being had to all of

the circumstances of the case, the expenses of the education and

maintenance of such minor may be defrayed out of the income of the

property of the minor in whole or in part, as judged reasonable and

as directed by the court. The charges therefor may be allowed

accordingly in the settlement of the accounts of the guardian of the

minor.

B. Except as provided in subsection A of this section:

1. Any order appointing a guardian of the minor who has a

living parent or other person legally responsible for the support of

the child shall:

a.

provide for the payment of child support by each

parent or other responsible party pursuant to the

Oklahoma child support guidelines as set forth in

Sections 118 and 119 of Title 43 of the Oklahoma

Statutes. Each parent, including parents who reside

together, shall be individually ordered to pay the

percentage of the total monthly child support

obligation attributable to that parent, and

b.

contain an immediate income assignment provision

pursuant to Section 115 of Title 43 of the Oklahoma

Statutes;

Oklahoma Statutes - Title 30. Guardian and Ward

2. The court may defer the issue of establishment or

enforcement of child support to the appropriate administrative or

district court when child support services are being provided

pursuant to the state child support plan as provided in Section 237

of Title 56 of the Oklahoma Statutes; and

3. Any guardianship or conservatorship for a minor created on

or after December 1, 2000, shall comply with the provisions of this

subsection. Guardianships or conservatorships for a minor in

existence prior to December 1, 2000, shall comply with the

provisions of this subsection as ordered by the court.

C. In any guardianship in which provision is made for the

custody or support of a minor child or enforcement of an existing

custody or support order or before hearing the matter or signing any

orders, the court shall inquire whether public assistance money or

medical support has been provided through the Department of Human

Services, hereafter referred to as the Department, for the benefit

of each child, or whether the Department is providing child support

services pursuant to the state child support plan as provided in

Section 237 of Title 56 of the Oklahoma Statutes. If public

assistance money, medical support, or child support services have

been provided for the benefit of the child, the Department shall be

a necessary party for the adjudication of the debt due to the state,

as defined in Section 238 of Title 56 of the Oklahoma Statutes, and

for the adjudication of paternity, child support, and medical

insurance coverage for the minor children in accordance with federal

regulations. When a guardianship action is filed, the petitioner

shall give the Department notice of the action according to Section

2004 of Title 12 of the Oklahoma Statutes. The Department shall not

be required to intervene in the action to have standing to appear

and participate in the action. When the Department is a necessary

party to the action, any orders concerning paternity, child support,

medical support, or the debt due to the state shall be approved and

signed by the Department.

R.L.1910, § 6535. Amended by Laws 1988, c. 329, § 32, eff. Dec. 1,

1988. Renumbered from § 802 of Title 58 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 2000, c. 385, § 14, eff.

Nov. 1, 2000; Laws 2008, c. 407, § 18, eff. Nov. 1, 2008.

§30-2-109. Conditions of appointment.

A. When any person is appointed guardian of a minor, the court

shall include in the order of appointment conditions providing for

the care, treatment, education and welfare of the minor.

B. An order providing for the transfer of the permanent care

and custody of a child:

1. Shall require that the placement be reviewed within one (1)

year after transfer and may require the person to whom custody is

Oklahoma Statutes - Title 30. Guardian and Ward

transferred to submit any records or reports the court deems

necessary for purposes of the review; and

2. Shall require periodic reviews by the court thereafter as

necessary to serve the best interests of the child.

R.L. 1910, § 6533. Amended by Laws 1988, c. 329, § 33, eff. Dec. 1,

1988. Renumbered from § 770 of Title 58 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 20,

operative July 1, 1990; Laws 2010, c. 358, § 6, emerg. eff. June 7,

2010.

§30-2-110. Investments authorized.

A guardian legally holding funds or assets belonging to or for

the benefit of a minor may with the approval of the district court

or other court in which such estate is pending, invest such funds or

assets or any part thereof, in single premium life, single premium

endowment, or single premium annuity contracts of legal reserve life

insurance companies as are duly licensed and qualified to transact

business within this state.

Added by Laws 1947, p. 346, § 1. Renumbered from Title 58, § 816.1

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws

1990, c. 323, § 21, operative July 1, 1990.

§30-2-111. Contracts on lives of wards and beneficiaries of trust

funds.

Such contracts may be issued on the life of a ward or

beneficiary of a trust fund, and shall be so drawn by the insuring

company so that the proceeds, or avails thereof shall be the sole

property of the person whose funds are invested.

Added by Laws 1947, p. 347, § 2. Renumbered from Title 58, § 816.2

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws

1990, c. 323, § 22, operative July 1, 1990.

§30-2-112. Interest of guardian.

Such contracts may not be purchased from any company for which

the guardian is acting as agent, or receives any commission, or part

of any commission, directly or indirectly paid by such company to

its agent soliciting or selling such contract.

Added by Laws 1947, p. 347, § 3. Renumbered from Title 58, § 816.3

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws

1990, c. 323, § 23, operative July 1, 1990.

§30-2-113. When power of guardian appointed by parent ceases.

The power of a guardian appointed for a minor ceases upon:

1. The removal of the guardian;

2. The solemnized marriage of the ward; or

3. The ward's attaining majority.

Oklahoma Statutes - Title 30. Guardian and Ward

R.L. 1910, § 3338. Amended by Laws 1988, c. 329, § 34, eff. Dec. 1,

1988. Renumbered from § 19 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 24,

operative July 1, 1990.

§30-2-114. Release of minor ward at majority.

After a minor ward has come to his majority, such ward may

settle accounts with his guardian and give him a release, which is

valid, subject to approval of the court, if obtained fairly and

without undue influence.

R.L. 1910, § 3340. Amended by Laws 1988, c. 329, § 35, eff. Dec. 1,

1988. Renumbered from § 21 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-2-115. Limitation of discharge by court.

A guardian of a minor appointed by a court is not entitled to

his discharge until one (1) year after the majority of the ward

unless the court determines that the minor has earlier validly

released said guardian after a final accounting.

R.L. 1910, § 3341. Amended by Laws 1988, c. 329, § 36, eff. Dec. 1,

1988. Renumbered from § 22 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-2-116. Delivery of up to $10,000 of minor's estate to

custodian, parent or minor.

A. 1. When the whole estate of a minor does not exceed the

value of Ten Thousand Dollars ($10,000.00), the court may, in its

discretion, without the appointment of a guardian or the giving of

bond, authorize and direct:

a.

the delivery of the property or any portion thereof to

one or more custodians pursuant to the Oklahoma

Uniform Transfers to Minors Act or to one or more

other custodians designated by the court, or

b.

the payment or delivery of the property or any portion

thereof to the parent of the minor, or to the person

having the care or custody of the minor, or to the

minor. The person receiving the property shall pay

necessary expenses of the minor and hold, manage, and

dispose of the property in the manner directed by the

court.

2. When the whole estate of a minor exceeds the value of Ten

Thousand Dollars ($10,000.00), the court may, in its discretion,

without the appointment of a guardian or the giving of bond,

authorize and direct:

a.

the delivery of property having a value of up to Ten

Thousand Dollars ($10,000.00) to one or more

custodians pursuant to the Oklahoma Uniform Transfers

Oklahoma Statutes - Title 30. Guardian and Ward

to Minors Act or to one or more other custodians

designated by the court, or

b.

the payment or delivery of up to Ten Thousand Dollars

($10,000.00) of the property or any portion thereof to

the parent of the minor, or to the person having the

care or custody of the minor, or to the minor. The

person receiving the property shall pay necessary

expenses of the minor and hold, manage, and dispose of

the property in the manner directed by the court.

B. The person making payment, delivery, transfer or issuance of

property or evidence thereof to the individual or custodian

designated by the court pursuant to this section is discharged and

released to the same extent as if payment, delivery, transfer, or

issuance was made to a guardian of the minor, and the person is not

required to see to the application thereof. A person making

payment, delivery, transfer, or issuance of property, or evidence

thereof, to a next friend or guardian ad litem may be discharged and

released as provided for by this act.

Added by Laws 1967, c. 51, § 1, emerg. eff. April 14, 1967. Amended

by Laws 1988, c. 329, § 37, eff. Dec. 1, 1988. Renumbered from §

898.1 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Amended by Laws 1996, c. 293, § 2, eff. Nov. 1, 1996.

§30-2-117. Custody by abandonment of a minor - Qualified relative.

A. The court of each county, when it appears necessary or

convenient, may grant a qualified relative custody by abandonment of

a minor or minors who have been abandoned, as defined by Section 11-105 of Title 10A of the Oklahoma Statutes, in the care of the

qualified relative if:

1. The minor is residing full-time with the qualified relative

and the qualified relative contributes the major degree of support

for the minor; and

2. The qualified relative is 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 a written request to do so by the qualified

relative.

B. For purposes of this section, a “qualified relative” means

an adult grandparent, great-grandparent, brother, sister, halfbrother, half-sister, uncle, aunt, niece or nephew or a spouse of a

qualified relative.

C. A qualified relative who is granted custody by abandonment

shall have the same rights to arrange for, authorize, and consent to

day care services, medical, psychological, dental, and educational

assessment and services, and any other services that may be

necessary to provide for the care, treatment, education, and welfare

Oklahoma Statutes - Title 30. Guardian and Ward

of the minor or minors that are given to legal guardians by the

Oklahoma Guardianship and Conservatorship Act except that such

relative may not consent to an adoption of the minor or minors.

D. Custody by abandonment shall be made on the verified

petition of a qualified relative and shall be substantially in the

following form:

PETITION FOR CUSTODY BY ABANDONMENT

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 at least six (6) months prior to the

filing of this petition.

2. That my home address is __________________________.

3. That my date of birth is _______________________________.

4. That my Oklahoma driver license or other identification card

number is _____________________.

5. That _______________________ is/are minor child(ren) ________

years of age, respectively, having the following date(s) of birth:

______________________________________.

6. That I am related to the child(ren) as his/her/their

___________________.

7. That the child(ren) has/have been living in my home since the

______ day of _________________, 20___. Prior to this date, the

child(ren) resided at the following address and in the following

county and state: ________________________________________.

8. That the Court has jurisdiction in this action to make a child

custody determination pursuant to the Uniform Child Custody

Jurisdiction and Enforcement Act, Sections 551-101 through 551-402

of Title 43 of the Oklahoma Statutes in that Oklahoma is the home

state of the minor child(ren). A Uniform Child Custody Jurisdiction

and Enforcement Act Affidavit is attached to this petition.

9. That the minor child(ren) is/are not Indian children within the

meaning of the Federal or State Indian Child Welfare Acts.

10. That (check one)

( ) I am unable to contact or locate either parent of the

child(ren) or other person(s) having legal custody of the child(ren)

at this time.

( ) I made a written request to the child(ren)’s parent(s) or other

person(s) having legal custody of the child(ren) on the ____ day of

__________________, 20_____, to regain physical custody of the

child(ren), and said custodian has failed to regain custody or such

request has been refused.

11. That, at this time, I do/do not (choose one) intend to seek

child support from the child(ren)’s parent(s) or legal guardian(s).

12. That granting Petitioner care and custody by abandonment is

necessary to provide for the general welfare of the child(ren) and

Oklahoma Statutes - Title 30. Guardian and Ward

to allow Petitioner to authorize medical, dental, educational, child

care and/or other services for the child(ren).

13. That I hereby accept care and custody of the child(ren). I

will exercise continuing general supervision of the child(ren).

14. That I am qualified to be granted care and custody by

abandonment. I further inform the Court that I am not a minor,

incapacitated person or partially incapacitated person. Attached to

this petition is a completed Oklahoma Sex Offenders Registration Act

Affidavit. 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 Petitioner

care and custody by abandonment and issue Letters of Custody by

Abandonment upon the taking of the oath.

__________________________

Signature of Attorney or Pro Se Petitioner

Printed Name

Address

Verification

State of Oklahoma

)

)

SS.

County of _____________

)

I, _____________________, of lawful age, being first duly sworn upon

oath depose and state that I am the Petitioner named above; that I

have read the foregoing Petition and understand its contents; that I

hereby state that the facts set forth in the foregoing Petition are

true and correct to the best of my knowledge and belief.

__________________________

Signature of Petitioner

Subscribed and sworn to before me this ______ day of

________________, 20_____.

__________________________

Notary Public

My Commission Number is:____________________

My Commission Expires:_____________________

E. Affidavits attesting to the compliance of the guardian with

the Uniform Child Custody Jurisdiction and Enforcement Act and the

Oklahoma Sex Offenders Registration Act shall be attached to the

petition and shall be substantially in the following forms:

Uniform Child Custody

Jurisdiction And Enforcement Act

Affidavit

STATE OF OKLAHOMA

)

)

SS

COUNTY OF ________________ )

Oklahoma Statutes - Title 30. Guardian and Ward

I,________________________, of lawful age, am the Petitioner in the

above-styled and numbered guardianship proceeding, being first duly

sworn upon oath, depose and state:

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:

Name

Address

City

State

Zip Date

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

3. 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:

Court

Case Number

Dates

________________________________________________________________

________________________________________________________________

________________________________________________________________

4. 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.

Court

Case Number

Dates

________________________________________________________________

________________________________________________________________

________________________________________________________________

5. I have knowledge that the following named persons claim a right

to custody or a right to visitation with said minor.

Name

Address

City

State

Zip Date

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

6. I acknowledge that 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”.

Signature:

____________________________

Print Name:

____________________________

Petitioner

Subscribed and sworn to before me this _________ day of

_____________________, _______.

Oklahoma Statutes - Title 30. Guardian and Ward

________________________________

Court Clerk / Notary Public

My Commission Number:

___________________________________________

My Commission Expires:

__________________________________________

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 has anyone

living with me or frequently present in my home previously been

convicted of, or has charges pending for, a relevant felony or

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 relevant felony or misdemeanor.

____________________________________________

Petitioner

Subscribed and sworn to before me on this _____ day of

_______________.

____________________________________________

Court Clerk or Notary Public

My Commission Number:

____________________________________________

My Commission Expires:

___________________________________________

F. The provisions for satisfying notice requirements and

receiving reports and investigations shall be identical to those

provided for under subsection C of Section 2-101 of Title 30 of the

Oklahoma Statutes.

G. The annual accounting requirements for custody by

abandonment shall be identical to the accounting requirements

provided in Section 4-303 of Title 30 of the Oklahoma Statutes.

H. The filing fees in matters pertaining to custody by

abandonment shall not exceed the fees for matters pertaining to

relative guardianship under Section 4-404 of Title 30 of the

Oklahoma Statutes.

I. If after consideration, the court finds that granting

custody by abandonment to a qualified relative is in the best

interest of the child, the court shall issue an order granting said

relative custody by abandonment. A qualified relative who is

granted custody by abandonment shall be issued Letters of Custody by

Abandonment. Letters of Custody by Abandonment shall specify that

Oklahoma Statutes - Title 30. Guardian and Ward

the guardian shall have the authority to consent to medical services

and shall be indemnified from personal liability for medical

services provided to the child or children. Custody by abandonment

shall take effect upon taking of an oath by the qualified relative.

J. 1. A minor who is in the permanent care of the qualified

relative granted care and custody by abandonment and who is either:

a.

twenty-four (24) months of age or less and who has

been abandoned for at least six (6) months in the

physical care of the qualified relative, or

b.

over twenty-four (24) months of age and who has been

abandoned for a period of twelve (12) months out of

the last fourteen (14) months in the physical care of

the qualified relative,

may not be reclaimed or recovered to the parent or parents or other

person or persons having legal custody of the minor who abandoned

the minor except through order of a court of competent jurisdiction

or by voluntary release of the minor by the qualified relative.

2. Upon any action to determine the custody of the minor

pursuant to the provisions of this subsection, the court shall base

its findings and determination of custody on the best interests of

the minor and:

a.

the duration of the abandonment and integration of the

minor into the home of the relative,

b.

the preference of the minor if the minor is determined

to be of sufficient maturity to express a preference,

c.

the mental and physical health of the minor, and

d.

such other factors as are deemed necessary in the

particular circumstances.

3. During the pendency of any action to determine the custody

of a minor pursuant to this subsection, unless it is determined not

to be in the best interests of the minor, the minor shall remain in

the custody of the qualified relative who has accepted custody by

abandonment.

4. If the court orders the minor be returned to the minor’s

parent or parents or other legal guardian, the court may provide for

a transitional period for the return in the best interest of the

minor.

K. The provisions of this section shall not apply to the

acceptance of care and custody by one parent of the minor from the

other parent of the minor.

L. 1. Custody by abandonment for a minor ceases upon:

a.

the minor attaining majority, or attaining the age of

nineteen (19) years if the minor is a full-time

student in high school,

b.

the solemnized marriage of the minor,

c.

the voluntary relinquishment by the qualified relative

granted custody by abandonment, or

Oklahoma Statutes - Title 30. Guardian and Ward

d.

by order of the court.

2. If the minor stops residing with the relative, or if custody

by abandonment has been terminated for any reason, the relative

shall notify the court issuing the Letters of Custody by Abandonment

and any school, health care provider, health care service plan, or

other provider that has been given a copy of the Letters of Custody

by Abandonment.

M. Actions establishing abandonment pursuant to this section

shall not be required to be reported to the Department of Human

Services under subsection B of Section 1-2-101 of Title 10A of the

Oklahoma Statutes.

Added by Laws 2010, c. 358, § 7, emerg. eff. June 7, 2010.