Okla. Stat. tit. 30 § 2-117

Current through Laws 2024, c. 453.

Section 2-117 - Custody by abandonment of a minor - Qualified relative

A. The court of each county, when it appears necessary or convenient, may grant a qualified relative custody by abandonment of a minor or minors who have been abandoned, as defined by Section 11-105 of Title 10A of the Oklahoma Statutes, in the care of the qualified relative if:

1. The minor is residing full-time with the qualified relative and the qualified relative contributes the major degree of support for the minor; and

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.

B. For purposes of this section, a "qualified relative" means an adult grandparent, great-grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew or a spouse of a 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.

D. Custody by abandonment shall be made on the verified petition of a qualified relative and shall be substantially in the following form:

PETITION FOR CUSTODY BY ABANDONMENT

Comes Now the Petitioner, _______________, and informs the Court as follows:

1. That I am now a resident in good faith of ____________County, and the State of Oklahoma for at least six (6) months prior to the filing of this petition.

2. That my home address is __________________________.

3. That my date of birth is _______________________________.

4. That my Oklahoma driver license or other identification card number is _____________________.

5. That _______________________is/are minor child(ren) ________ years of age, respectively, having the following date(s) of birth:

6. That I am related to the child(ren) as his/her/their___________________.

7. That the child(ren) has/have been living in my home since the ______day of _________________, 20___. Prior to this date, the child(ren) resided at the following address and in the following county and state: ________________________________________.

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.

9. That the minor child(ren) is/are not Indian children within the meaning of the Federal or State Indian Child Welfare Acts.

10. That (check one)

() 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.

11. That, at this time, I do/do not (choose one) intend to seek child support from the child(ren)'s parent(s) or legal guardian(s).

12. That granting Petitioner care and custody by abandonment is necessary to provide for the general welfare of the child(ren) and to allow Petitioner to authorize medical, dental, educational, child care and/or other services for the child(ren).

13. That I hereby accept care and custody of the child(ren). I will exercise continuing general supervision of the child(ren).

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:_____________________

E. Affidavits attesting to the compliance of the guardian with the Uniform Child Custody Jurisdiction and Enforcement Act and the Oklahoma Sex Offenders Registration Act shall be attached to the petition and shall be substantially in the following forms:

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:

1. The minor(s), ___________, _______________, presently live at __________(city), ___________(state), ______(zip).

2. The minor(s) has/have lived at the following address during the last five (5) years:

Name Address City State Zip Date

_________________________________________________________________

3. I have/have not participated as a party, witness or otherwise been involved in a legal proceeding concerning the custody of, or visitation with, said minor(s).

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

________________________________________________________________

5. I have knowledge that the following named persons claim a right to custody or a right to visitation with said minor.

Name Address City State Zip Date

_________________________________________________________________

6. I acknowledge that I have a continuing duty under the law to inform the Court, in writing, of any additional information acquired by me after executing this "Affidavit".

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: ___________________________________________

F. The provisions for satisfying notice requirements and receiving reports and investigations shall be identical to those provided for under subsection C of Section 2-101 of Title 30 of the Oklahoma Statutes.

G. The annual accounting requirements for custody by abandonment shall be identical to the accounting requirements provided in Section 4-303 of Title 30 of the Oklahoma Statutes.

H. The filing fees in matters pertaining to custody by abandonment shall not exceed the fees for matters pertaining to relative guardianship under Section 4-404 of Title 30 of the Oklahoma Statutes.

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.

1. A minor who is in the permanent care of the qualified relative granted care and custody by abandonment and who is either:

a. twenty-four (24) months of age or less and who has been abandoned for at least six (6) months in the physical care of the qualified relative, or

b. over twenty-four (24) months of age and who has been abandoned for a period of twelve (12) months out of the last fourteen (14) months in the physical care of 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. Upon any action to determine the custody of the minor pursuant to the provisions of this subsection, the court shall base its findings and determination of custody on the best interests of the minor and:

a. the duration of the abandonment and integration of the minor into the home of the relative,

b. the preference of the minor if the minor is determined to be of sufficient maturity to express a preference,

c. the mental and physical health of the minor, and

d. such other factors as are deemed necessary in the particular circumstances.

3. During the pendency of any action to determine the custody of a minor pursuant to this subsection, unless it is determined not to be in the best interests of the minor, the minor shall remain in the custody of the qualified relative who has accepted custody by abandonment.

4. If the court orders the minor be returned to the minor's parent or parents or other legal guardian, the court may provide for a transitional period for the return in the best interest of the minor.

K. The provisions of this section shall not apply to the acceptance of care and custody by one parent of the minor from the other parent of the minor.

1. Custody by abandonment for a minor ceases upon:

a. the minor attaining majority, or attaining the age of nineteen (19) years if the minor is a full-time student in high school,

b. the solemnized marriage of the minor,

c. the voluntary relinquishment by the qualified relative granted custody by abandonment, or

d. by order of the court.

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.

M. Actions establishing abandonment pursuant to this section shall not be required to be reported to the Department of Human Services under subsection B of Section 1-2-101 of Title 10A of the Oklahoma Statutes.

Okla. Stat. tit. 30, § 2-117

Added by Laws 2010 , HB 1964, c. 358, §7, emerg. eff. 6/7/2010.