posted on Apr, 27 2012 @ 08:28 AM
reply to post by ReadyPower
Please do not take this as formal legal advice, as I am not qualified to answer in such capacity, but I can offer some generalized information for
The court will be addressing the issue is what is in "the best interest" of the child. The county court in the jurisdiction of the child's current
residence will be determining "Guardianship", and of primary concern to them is the welfare of the child. Obviously, the child is enrolled in the
school system, and has a home to live in. Normally, that satisfies the conditions of the courts, and custody will be granted to the relative that the
child is currently residing with.
Now, I must ask if you or your sister are concerned about the child's welfare. Are the living conditions acceptable? Is the child well taken care
If not, then your sister must hire an attorney and apply to the courts for "Guardianship". Your local attorney will know exactly which papers to
file, and a court date will be set after filing. This guarantees your sister the right to petition the court for custody, and state why she would be
a better parent than the "default" guardian. A case worker will be assigned to her case, and interviews conducted at both households, after which
the case worker will report back to the court. The magistrate alone determines what is in the best interest of the child, and if it means removing
the child from the current school system, there had better be something substantially wrong and unhealthy for the child where it is currently living.
In other words, your sister must provide "dirt" for the courts to examine.
Upon the mother's death, the State of Oklahoma became the "guardian", so don't think that just because the child is living where it is living at
is where it will remain. Technically, the state can move the child into foster care, but that is seldom in "the best interest" of the child, so
they usually allow the child to remain in it's residence, unless a petitioner steps forward and applies for "guardianship". The county court of
residence has the final say in appointment of a "legal guardian".
Again, this is very generalized advice. Please have your sister seek legitimate legal counsel. Best of luck.