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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 30, § 30-7-104: Petition for approval as standby guardian — Notice —

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Where this section sits in the code
  1. OK Code
  2. Title 30

Order.

A. A designated standby guardian or alternate shall file a

petition for approval as standby guardian. The petition shall be

filed as soon as practicable after the occurrence of the triggering

event but in no event later than thirty (30) days after the

triggering event. The authority of the standby guardian shall cease

upon his or her failure to so file but shall recommence upon such

filing. The petition shall be accompanied by a copy of the

designation and any documentation supporting the occurrence of the

triggering event.

B. Upon the filing of a petition, notice of the filing shall

promptly be given to each parent of the child whose identity and

whereabouts are known to the petitioner. The court shall direct the

issuance of summonses to the child, if the child is twelve (12)

years of age or older and the proposed standby guardian and

alternate, if any, and such other persons as appear to the court to

be necessary parties to the proceedings including the child’s

parents, stepparents, grandparents, adult siblings, guardian, legal

custodian or other person standing in loco parentis, if the identity

and whereabouts of such persons are known.

C. The court shall enter an order approving the standby

guardian upon finding that:

1. The person was duly designated as standby guardian pursuant

to this act and the designation has not been revoked;

2. A triggering event occurred, and the parent consented to

commencement of the standby guardian’s authority;

3. The best interests of the child will be served by approval

of the standby guardian; and

4. If the petition is by an alternate standby guardian, that

the designated standby guardian is unwilling or unable to serve.

D. An order approving the standby guardian shall not be entered

without a hearing if there is another known parent, stepparents,

adult siblings, or other adult related to the child by blood,

marriage, or adoption who requests a hearing within ten (10) days of

the date that notice of the filing was sent or if there is other

litigation pending regarding custody of the child.

E. Prior to any hearing on the petition, the court may appoint

a guardian ad litem to represent the child. The qualified parent

shall not be required to appear in court if the parent is detained

and unable to appear, or upon motion for any other good cause shown.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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