§ 2-117. Custody by abandonment of a minor--Qualified relative
Oklahoma Statutes AnnotatedTitle 30. Guardian and Ward
30 Okl.St.Ann. § 2-117
§ 2-117. Custody by abandonment of a minor--Qualified relative
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.
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 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.
PETITION FOR CUSTODY BY ABANDONMENT
Comes Now the Petitioner, _______________, and informs the Court as follows:
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.
( ) 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.
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:_____________________
Uniform Child Custody
Jurisdiction And Enforcement Act
Affidavit
STATE OF OKLAHOMA | ) | |
) | SS | |
COUNTY OF | ) |
I,________________________, of lawful age, am the Petitioner in the above-styled and numbered guardianship proceeding, being first duly sworn upon oath, depose and state:
Name | Address | City | State | Zip | Date |
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 |
Name | Address | City | State | Zip | Date |
Signature: | |
Print Name: | |
Petitioner | |
Subscribed and sworn to before me this _________ day of _____________________, _______. |
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: |
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 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.
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. 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.
Credits
Laws 2010, c. 358, § 7, emerg. eff. June 7, 2010.
30 Okl. St. Ann. § 2-117, OK ST T. 30 § 2-117
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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