Guardianships Are Temporary in Nature
Video Transcribed: Can permanent guardianship be terminated in Oklahoma? I’m Tulsa attorney James Wirth, and that’s the question that we had come to us, can permanent guardianship be terminated?
So first off, there’s not really any such thing as a permanent guardianship. Guardianships are temporary in nature. They’re always temporary. At the point they become permanent, that’s the point that somebody filed for and was granted an adoption. An adoption is permanent, guardianships are temporary. So as long as you’re at the guardianship stage, it’s not permanent, and it can end. When it is demonstrated that the parents are fit and have corrected the concerns that led to the guardianship, you can file a motion to terminate that guardianship.
So if the question is, can you terminate a permanent guardianship, it’s one, there’s no such thing as a permanent guardianship, and two, you can, because the presumption is that the best interest is with the parents because the parents have a constitutional right to the care and custody of their children so long as they are fit and available to care for them.
If you’re dealing with this circumstance, you’re going to want more specific advice to your circumstances on how to handle it. To get that from an Oklahoma guardianship attorney with my office, you can go online to makelaweasy.com.