Fighting for a Better Future for the Child
Video Transcribed: How do I obtain guardianship over a child in Oklahoma? Hello, I’m Ty Smith, an OKC attorney with Wirth Law. And the biggest matter when it comes to guardianship, and the biggest question that the court’s going to want to answer is, what’s in the best interest of the child? Always the focus when it comes to these matters involving children.
And your goal, as well as an attorney if you hire one, your goal is going to be to show the court what you want, which is in the best interest of the child. But logistically speaking, what you have to do to obtain guardianship is, you have to file a petition with the court. And that petition is going to allege and contain all of your reasonings for why you believe that what you want is in the best interest of the child.
And then of course you get a hearing date, and then you want to provide notice of hearing to all interested parties, which can be the parent, could be the current guardian, but anyone who has an interest in, potentially anyone who might have a say, anyone who might have a say in where the kid should go. They’re going to need notice of that hearing. At the hearing, the judge will receive evidence and will receive arguments from the parties, over what’s in the best interest of the child.
And lastly, ultimately if you are the movant, meaning the person who filed for guardianship, part of what you’re probably going to have to show is that whoever has guardianship over the child, or especially if they’re a parent, you’re going to have to show that the current setup isn’t good for the kid. That the guardian or parent, that they’re unfit to continue their role as such. That it’s detrimental to the kids’ growth to continue this.
And if done properly, you’ll be granted guardianship. And if not, they’ll stay in place. It is your burden as the movant, to show that this isn’t going to be good for the kid if it continues, which is why I always tell people to hire an attorney in these matters.
Just like fixing your car. Technically, you never need a mechanic to fix your car. It’s not illegal to try to fix your own car. It’s not illegal to represent yourself in court. But some matters are very complicated and they require certain levels of expertise to be done effectively and this is one of those. Pro se litigants tend to offer arguments to the court that don’t carry a lot of water and just waste the judge’s time, which annoys the judge.
Attorneys like myself, our whole careers are centered around learning what works and learning what judges want to hear, so it’s important that if you really feel it’s in the best interest of the child to be with you, or whoever needs guardianship, you get a professional that knows what they’re doing.
As I said, I would love to be that professional for you. You can find me at theoklahomacityattorney.com. You can also call me, an Oklahoma guardianship lawyer, at (405) 888-5400.
