Child Custody

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Guardianships are for both Incapacitated Adults and Children. A Guardianship is a legal proceeding in which the court can appoint a person to take care of another person and/or their property.

In Oklahoma a “guardian” is a person appointed by the court to take care of the person or property of another – (30 O.S. Sec. 1-105). The term “guardian” includes persons appointed as general and limited guardians of the person, general and limited guardians of property, and special guardians, but does not include persons appointed as guardian ad litem – (30 O.S. Sec. 1-106). A person over whom a guardian is appointed and a person over whose property a guardian or conservator is appointed is called a ward – (30 O.S. Sec. 1-107).

In Oklahoma there are three classifications of guardianship (30 O.S. Sec. 1-108):

1. General – A general guardian is a guardian of the person or of all the property of the ward within this state or of both such person and property. (30 O.S. Sec. 1-109(A).
2. Limited – A limited guardian is a person authorized by the court to exercise limited powers over the person of the ward, or over the property of the ward within this state, or over both such person and property. (30 O.S. Sec. 1-109(B).
3. Special – a guardian is appointed for an emergency purpose.