Let’s suppose that you are an Oklahoma grandparent of a minor child and that child may be in an unsafe situation, one that may require family intervention through the filing of an emergency guardianship action. Let’s also suppose that in this scenario there is another set of grandparents interested in the same grandchild, who live hours across the state. A situation arises where both parents are taken into police custody, so why should you file for guardianship as soon as is possible?
The answer is fairly straightforward, assuming both sets of grandparents are duly qualified to serve as guardians of the minor child: 30 O.S. §1-115 would give venue to the grandparents filing first in the above hypothetical situation, wherever they have filed in Oklahoma. To keep the court proceedings close to home and in your neck of the woods should you expect any kind of contested proceeding, take note of the aforementioned statute which reads as follows:
“1. If proceedings concerning the same estate, minor, alleged incapacitated or partially incapacitated person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue.(…)” [emphasis added]
Don’t miss out on your opportunity to serve your family if you have the resources and ability to care for your family members in time of need: talk to a skilled lawyer about filing a guardianship petition in your own county if you wish to step up for your loved ones in an emergency situation. Give us a call.
