Prior to 2019, the AOC was also required to provide the handbooks to district court clerks. §1-124Īs stated above, §1-124 now requires the OBA (rather than the AOC) to prepare guardianship handbooks. This article will discuss the changes to the guardianship handbooks implemented pursuant to §1-124. 6 The OBA asked the Estate Planning Probate and Trust Section (EPPT) to work on the updates. 5 The Administrative Office of the Courts (AOC) had previously prepared and updated the handbook as required under the act, but the amendments to §1-124 shifted responsibility for the handbook to the Oklahoma Bar Association. §1-124 of the Oklahoma Guardianship Act, which requires a handbook for guardians and conservators. In May 2019, the Oklahoma Legislature amended 30 O.S. 2 The system established by the act is intended to allow the “participation of such persons, as fully as possible, in the decisions which affect them.” 3 In this regard, the courts handling guardianships are to encourage maximum self-reliance and independence by the incapacitated person and make orders only to the extent necessary, given the ward’s limitations. The express purpose of the Oklahoma Guardianship Act 1 is to promote the general welfare by establishing a system of general and limited guardianships for minors and incapacitated persons. Guardianships are often a part of estate planning, either intentionally or as a result of an unexpected circumstance. Oklahoma Child Supervised Visitation Program: §110.© M.Dörr & M.Frommherz | #135148048 |.Equal access to minor children: § 110.1.Domestic abuse, stalking, harassment: § 109.3.The program must be completed prior to the temporary order or within 45 days of receiving a temporary order. The parents may be required to attend an educational program concerning the impact of divorce on children. If they disagree on paternity, the father must file a Petition to Determine Paternity, Custody, Support, and Visitation. File Required Documentsįor married parents, they should file a Petition for Divorce and additional forms required to open a divorce case.įor unmarried parents that agree on paternity status, they must file an Acknowledgment of Paternity and Petition for Determination of Custody and Visitation (if legal paternity is already established). Once signed by the judge, the child support order becomes binding. To estimate the non-custodial parent’s child support obligations, use the state’s child support computation form. If parents file separately, they can each offer proposed parenting plans for the court to consider against each other. If parents file together, they can submit a joint plan they have already agreed upon. Terms that should be addressed include visitation, parenting time, parental rights, childcare responsibilities, and more. Parents should first try to reach an agreement on the terms of custody and outline them in a parenting plan. The mother receives default custody until the father files a paternity case. Both parents are presumed to have equal joint custody of a child if no custody order exists in the divorce decree.įor unmarried parents, the court determines contested custody in a paternity case. The mental and physical health of all parties involved.įiling for custody in Oklahoma differs slightly for married and unmarried parents:įor married parents, the court settles custody in the couple’s divorce decree.The child’s relationships with other family and household members (siblings, grandparents, etc.).The child’s relationship with their school and other social communities. The child’s relationship with each parent.History or presence of child or spousal abuse by either parent.Each parent’s ability to spend time with the child.Each parent’s ability to respect the other parent’s relationship with the child.
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