Understanding Permanent vs. Temporary Guardianship
What is the difference between a permanent and a temporary guardianship in the state of Oklahoma? Hi, I’m Oklahoma Law attorney Brian Glass, and I recently got asked the question, what is the difference between a temporary guardianship and a permanent guardianship? Well, aside from, you know, one being permanent, one being temporary, temporary guardianships are put in place in emergencies. If the guardian applies to the court stating that there’s a need for this guardianship, this child is unprotected, we need something in place immediately.
The court will at that time grant a temporary guardianship to that party to ensure the child’s safety until what is called a show cause hearing was held. Generally, this shows cause hearing will happen within 10 days of an emergency being granted. At the show cause hearing, you show to the court why this guardianship is necessary. Adversely, the other side can offer evidence as to why there’s no need for guardianship. And then at which point, the judge will give orders they will grant the temporary guardianship to extend a little bit further until backgrounds can be done on the potential guardian moving forward.
The Transition to Permanent Guardianship
Given that all background checks come back clean, the guardian checks out, then at that time, the court will move to instate a permanent guardianship, at which point the child will have permanent protections, and the guardian will be put in place for the first period will be one year. After that time, there’ll be a one-year review to see if the child is still in danger. Is this guardianship still necessary? And then the guardianship can be extended from that point on.
Free Consultation for Guardianship Questions
If you have guardianship questions or any other family law questions, you can find me at ChickashaLawyer.com for a low-cost consultation. Contact me at (405) 272-4100 to discuss your specific situation and get the legal guidance you need. I am here to help you navigate the complexities of guardianship laws in Oklahoma.