Guardianship is one of the elements of estate planning. Parents need to choose someone who will take over their responsibilities if they become incapacitated or die while their child is still a minor.
So, who can nominate a guardian in Oklahoma? Here is what to know:
If parents are married
If a child is born during a marriage, either parent or both parents can recommend someone to serve as the child’s guardian. This is because a husband is presumed to be the father of a child born in a marriage in Oklahoma.
If parents are unmarried
If a child is born to parents who are not married, both the mother and the father can nominate a guardian. In other instances, the mother or the child’s natural father can nominate a guardian if the father has acknowledged paternity or has been determined by a court to be the child’s father.
If a minor is 14 years or above
Oklahoma allows minors 14 years of age or older to nominate their own guardians, who must be approved by the court.
This mostly occurs when parents fail to name a guardian or the court refuses to appoint the nominated guardian. Typically, the court considers different factors before approving the party named by parents. If it believes the nominated party is not suitable to assume the role, it will appoint one through a guardianship process or pass the power to the child if they are 14 years or older. A minor 14 years or older can also request the court to change the guardian nominated by their parents at any time.
If you have a minor, you need to choose someone who will take care of them when you are unable. Learn more about guardianship in Oklahoma to protect your child’s future.