Protect Your Parental Rights with Dads.Law

You are the father. You should be the one raising your child.

Finding out that a grandparent, aunt, or other relative has filed for guardianship of your child is a terrifying experience. It often feels like a “backdoor” attempt to take custody away from you without a formal divorce or custody battle. Many grandparents have determined that it is easier for them to get guardianship, or threaten guardianship, than it is for them to get visitation rights with the child. This has resulted in many bogus guardianship filings against otherwise fit parents. 

At Dads.Law, we devote much of our practice to defending fathers against adverse guardianships. We understand that extended family members may mean well, but their good intentions do not give them the right to trample on your constitutional rights as a parent.

If you have been served with guardianship papers in Tulsa or the surrounding counties, or if you believe a petition is about to be filed, you must act immediately. Call

The Law: Parental Preference in Oklahoma Guardianship Cases

Guardianship cases involving children in Oklahoma are governed by multiple statutes, including Title 30 and Title 43 of the Oklahoma Statutes. When a guardianship is sought against a parent, Oklahoma law provides strong protection for parental rights.

Under 43 O.S. § 112.5, custody or guardianship of a child must be awarded to a parent unless a non-parent proves by clear and convincing evidence that the parent is unfit, has abandoned the child, or falls within specific statutory grounds that justify overriding the parent’s rights. This legal principle is commonly referred to as the Parental Preference Doctrine.

Unlike a custody dispute between two parents—where the court weighs the child’s best interests—a guardianship case between a parent and a non-parent requires a heightened burden of proof. A non-parent cannot obtain guardianship simply by arguing they would be a “better” caretaker.

Instead, the petitioner must typically prove one of the following:

  • The parent is affirmatively unfit under Oklahoma law; or
  • The parent has abandoned the child by failing to support or maintain a relationship; or
  • Specific statutory grounds exist that justify denying custody or guardianship to the parent.

Our job is to hold petitioners to that high legal standard. If they cannot meet it, Oklahoma law does not permit the court to award guardianship over a fit parent’s objection.

All Practice Areas

A red circle with white AV text in the center. Below, it reads AV Preeminent Rated Lawyers in white and red text on a light gray background.
A badge displaying Avvo 10.0 Superb with a blue ribbon below that reads Top Attorney Criminal Defense on a white background.
A circular Avvo Clients Choice badge with a blue border, featuring five yellow stars on a dark blue ribbon at the bottom, and the Avvo logo and text in the center.
Blue torch icon above the blue letters BBB on a white background.
A blue circle with white scales of justice in the center, symbolizing law, surrounded by the words National Association of Criminal Defense Lawyers in a circular arrangement.

When Do Fathers Face Guardianship Battles?

We successfully defend Tulsa fathers in three primary scenarios:

1. Death or Incapacity of the Mother

This is the most heartbreaking scenario. You and the mother may have never married, or perhaps you were divorced with her having primary custody. If she passes away or becomes incapacitated (due to illness or incarceration), her family often assumes they simply “inherit” the children.

  • The Reality: Once paternity is established, a fit father has a superior right to custody over grandparents and other relatives, and a court may not award guardianship to a non-parent absent proof of unfitness, abandonment, or other statutory grounds.

2. Deployment or Military Service

It is common for fathers in the military to leave children with the mother or a relative while deployed. If the mother is out of the picture, relatives may file for guardianship to enroll the child in school or make medical decisions.

  • The Defense: We can often structure a temporary arrangement that does not strip you of your legal rights. If a guardianship is necessary for logistics, we ensure it is strictly limited in duration and scope, terminating automatically upon your return.

3. Allegations of “Unfitness”

Grandparents often file for guardianship claiming the father is “unfit” due to financial instability, past drug use, or lack of a relationship with the child.

  • The Defense: Poverty is not grounds for losing your children. Nor is a past mistake that you have corrected. We present evidence of your current stability, employment, and home life to show the court that a guardianship is neither necessary nor legal.

"Mr. Bacon’s strength of character—his respect, steadfastness, and dedication—set him apart as truly invaluable.

Under an impossible timeline and amid immense pressure, he provided me with the legal representation I not only needed but deserved. His actions remind me that courage and integrity can prevail, even in the most trying of circumstances."

-Al Hammamieh

The Guardianship Timeline: What to Expect

Guardianship cases in Tulsa County move much faster than standard divorce cases. Understanding the timeline is critical.

Step 1: The Petition and Emergency Orders

A relative may file a Petition for Guardianship under Oklahoma law. In some cases, they also request an emergency or temporary guardianship order, which can grant short-term custody before you are heard by the court.

If an emergency order is entered, the court must provide notice and an opportunity for a hearing within a short timeframe to determine whether the emergency still exists. You are generally entitled to personal service of notice and the chance to contest the order.

Crucial point: Emergency guardianships are intended to be temporary. They do not decide permanent rights.

Step 2: Filing an Objection

You cannot remain silent. If you oppose the guardianship, you must file a formal Objection and, where appropriate, a Motion to Dismiss. If no objection is filed, the court may proceed without your input and grant the petition by default.

At this stage, asserting your status as a parent and invoking Oklahoma’s parental-preference laws is critical.

Step 3: The Hearing

At the contested hearing, the judge will hear evidence from both sides. This is where we challenge the guardianship request and hold the petitioners to their legal burden.

Key questions include:

  • Have the petitioners presented completed background checks?
  • Has the court required a home study or evaluation, and is it complete?
  • Have the petitioners proven, by clear and convincing evidence, that a parent is unfit under Oklahoma law?

A non-parent cannot obtain guardianship simply by arguing they would be a “better” caretaker. Fitness is affirmative, not comparative. 

Step 4: Termination of an Existing Guardianship

Guardianships are not permanent. If a guardianship was put in place during a difficult period in your life, Oklahoma law allows it to be terminated.

To end a guardianship, we file a Motion to Terminate Guardianship. The legal standard generally requires showing that the conditions that led to the guardianship no longer exist—for example:

  • Sobriety after substance abuse
  • Stable housing and employment
  • Consistent involvement with the child

Once those conditions are corrected, Oklahoma law favors restoring custody to a fit parent over non-parents.

How Dads.Law Can Help

We Know the “Best Interests” Trap. Many general practitioners walk into a guardianship hearing arguing about who is the “better” parent—the dad or the grandma. That is a losing strategy. A grandparent with a paid-off house and lots of free time often looks “better” on paper.

We Change the Argument. We focus on Fitness, not “better.” We argue that as long as you are a fit father, the state has no authority to interfere in your family. We protect your constitutional right to parent your child.

Take Action to Protect Your Legacy

Your children need their father. Do not let extended family push you out of the picture. Whether you are fighting a new petition or trying to terminate an old one, the team at Dads.Law is ready to stand between you and the court system.

Can my child choose to live with me?

In an Oklahoma guardianship case, a minor who is 14 years or older may nominate a guardian under state law. The court must consider the child’s nomination but may reject it if it is not in the child’s best interests or conflicts with a fit parent’s rights.

What if I haven't seen my child in years?

This makes the case harder, but not impossible. The petitioners may argue “abandonment.” We will need to show any attempts you made to contact the child, or prove that the mother/relatives actively blocked your visitation. We can also ask for a “step-up” plan to reintegrate you into the child’s life rather than stripping your rights entirely.

Do I have to pay child support to the guardian?

Yes, if a guardian is appointed, you will likely be ordered to pay child support to them. This is why it is vital to fight the guardianship before it becomes a permanent order.