The Short Answer Is Yes
Video Transcribed: Are grandparents given preference in receiving a guardianship? Hi, I’m Tulsa Grandparents Rights Attorney, Justin Mosteller, and I’m going to spend a few minutes today talking to you about whether grandparents get preference. The short answer is yes.
In fact, in a guardianship context, Title 43 of Oklahoma statutes do provide a section that discusses preference. And obviously, the number one preference for custody in the placement of a child is with the parents.
Number two on that list is grandparents. And that has been really an important factor in a lot of guardianship cases. If you’ve got an aunt or an uncle that wants custody of the guardianship, they’re lower than the grandparents on that preference list. And in all else being equal, that could be the deciding factor. Also, below the grandparents are just interested family members of any relation to the child.
Grandparents are number one past the parents. So if the parents aren’t an option, the grandparents are the preferred choice. Sometimes the most difficult cases are when you’re dealing with two grandparents that are essentially fighting over guardianship. That can be a difficult place to be in because both those grandparents have the same preference. But ultimately, it comes down to where the best interest of the children is.
And in making that case, there’s a lot of different factors that go into it. But as far as preference is concerned, grandparents are absolutely preferred above nearly all individuals in terms of receiving a guardianship.
Hopefully, this answers that question for you. If you have any more questions, feel free to seek counsel from our office to speak with a Grandparents Rights Attorney in Tulsa, we’d be happy to help.