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Bundren Law Firm P.C. Bundren Law Firm P.C.

When Does Guardianship End in Oklahoma?

Serving Families Throughout Tulsa

Guardianship is a legal arrangement between a guardian and child that ends when the guardian is removed, the minor child gets married, or the child turns 18 years old.

It’s important to understand when guardianship can end whether you’re a parent seeking reunification with your child or a legal guardian trying to protect a child in your care.

Circumstances for Removing a Legal Guardian

Because a child’s best interest is the court’s foremost concern, a judge can remove a legal guardian from their role. Termination of a guardianship can is often initiated by the parent of a child subject to the guardianship, although it’s possible for another adult in a child’s life to seek legal guardianship in the existing guardian’s place.

Reasons for removing a legal guardian can include the following:

  • The guardian has continually failed to perform their duties
  • The guardian lacks the capacity to perform their duties
  • The guardian has an interest that conflicts with the faithful performance of their duties
  • The guardian has breached their fiduciary responsibility
  • The guardian demonstrates gross immorality

These are not the only reasons that can provide the grounds necessary to challenge a guardianship. Consult with an experienced attorney to learn more about this issue.

Minor Marriage & Guardianship

Minor marriage is permitted in Oklahoma under a few circumstances. Minors ages 16 and 17 must have written consent from a parent or their legal guardian. Oklahoma law generally prohibits minor marriage younger than 16 years old unless otherwise approved by a court order.

Because marriage terminates guardianship, legal guardians must thoroughly consider this decision and the best interests of the child in their care.

Can Guardianship Continue Into Adulthood?

Under normal circumstances, a guardianship will automatically terminate when a child reaches the age of majority, which is 18 years old. At this age, the minor becomes an adult and is no longer bound to their legal guardian.

That said, guardianship can continue into adulthood if the person subject to the guardianship requires the legal arrangement. This is usually the case when an adult is mentally and/or physically incapable of providing for their own care. Seeking a permanent legal guardianship of an adult, however, requires a petitioner to prove there is no other less restrictive alternative.

Get the Legal Support You Need

If you are involved in a legal matter concerning guardianship, you need dedicated and experienced legal assistance on your side. Our attorney at Bundren Law Firm can provide the advice and services you need to make the decisions that can pull you closer toward achieving your goals.

Learn more about how Bundren Law Firm can make a difference. Schedule an appointment with us when you contact our firm online.