{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-2-117","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-2-117","heading":"Custody by abandonment of a minor - Qualified relative","body":"A. The court of each county, when it appears necessary or\n\nconvenient, may grant a qualified relative custody by abandonment of\n\na minor or minors who have been abandoned, as defined by Section 1-\n\n1-105 of Title 10A of the Oklahoma Statutes, in the care of the\n\nqualified relative if:\n\n1. The minor is residing full-time with the qualified relative\n\nand the qualified relative contributes the major degree of support\n\nfor the minor; and\n\n2. The qualified relative is unable to contact the parent or\n\nparents or person or persons having legal custody of the minor, or\n\nthe parent or parents or other person or persons having legal\n\ncustody of the minor fail to or refuse to regain physical custody of\n\nthe minor after a written request to do so by the qualified\n\nrelative.\n\nB. For purposes of this section, a “qualified relative” means\n\nan adult grandparent, great-grandparent, brother, sister, half-\n\nbrother, half-sister, uncle, aunt, niece or nephew or a spouse of a\n\nqualified relative.\n\nC. A qualified relative who is granted custody by abandonment\n\nshall have the same rights to arrange for, authorize, and consent to\n\nday care services, medical, psychological, dental, and educational\n\nassessment and services, and any other services that may be\n\nnecessary to provide for the care, treatment, education, and welfare\n\nof the minor or minors that are given to legal guardians by the\n\nOklahoma Guardianship and Conservatorship Act except that such\n\nrelative may not consent to an adoption of the minor or minors.\n\nD. Custody by abandonment shall be made on the verified\n\npetition of a qualified relative and shall be substantially in the\n\nfollowing form:\n\nPETITION FOR CUSTODY BY ABANDONMENT\n\nComes Now the Petitioner, _______________, and informs the Court as\n\nfollows:\n\n1. That I am now a resident in good faith of ____________ County,\n\nand the State of Oklahoma for at least six (6) months prior to the\n\nfiling of this petition.\n\n2. That my home address is __________________________.\n\n3. That my date of birth is _______________________________.\n\n4. That my Oklahoma driver license or other identification card\n\nnumber is _____________________.\n\n5. That _______________________ is/are minor child(ren) ________\n\nyears of age, respectively, having the following date(s) of birth:\n\n______________________________________.\n\n6. That I am related to the child(ren) as his/her/their\n\n___________________.\n\n7. That the child(ren) has/have been living in my home since the\n\n______ day of _________________, 20___. Prior to this date, the\n\nchild(ren) resided at the following address and in the following\n\ncounty and state: ________________________________________.\n\n8. That the Court has jurisdiction in this action to make a child\n\ncustody determination pursuant to the Uniform Child Custody\n\nJurisdiction and Enforcement Act, Sections 551-101 through 551-402\n\nof Title 43 of the Oklahoma Statutes in that Oklahoma is the home\n\nstate of the minor child(ren). A Uniform Child Custody Jurisdiction\n\nand Enforcement Act Affidavit is attached to this petition.\n\n9. That the minor child(ren) is/are not Indian children within the\n\nmeaning of the Federal or State Indian Child Welfare Acts.\n\n10. That (check one)\n\n( ) I am unable to contact or locate either parent of the\n\nchild(ren) or other person(s) having legal custody of the child(ren)\n\nat this time.\n\n( ) I made a written request to the child(ren)’s parent(s) or other\n\nperson(s) having legal custody of the child(ren) on the ____ day of\n\n__________________, 20_____, to regain physical custody of the\n\nchild(ren), and said custodian has failed to regain custody or such\n\nrequest has been refused.\n\n11. That, at this time, I do/do not (choose one) intend to seek\n\nchild support from the child(ren)’s parent(s) or legal guardian(s).\n\n12. That granting Petitioner care and custody by abandonment is\n\nnecessary to provide for the general welfare of the child(ren) and\n__, to regain physical custody of the\n\nchild(ren), and said custodian has failed to regain custody or such\n\nrequest has been refused.\n\n11. That, at this time, I do/do not (choose one) intend to seek\n\nchild support from the child(ren)’s parent(s) or legal guardian(s).\n\n12. That granting Petitioner care and custody by abandonment is\n\nnecessary to provide for the general welfare of the child(ren) and\n\nto allow Petitioner to authorize medical, dental, educational, child\n\ncare and/or other services for the child(ren).\n\n13. That I hereby accept care and custody of the child(ren). I\n\nwill exercise continuing general supervision of the child(ren).\n\n14. That I am qualified to be granted care and custody by\n\nabandonment. I further inform the Court that I am not a minor,\n\nincapacitated person or partially incapacitated person. Attached to\n\nthis petition is a completed Oklahoma Sex Offenders Registration Act\n\nAffidavit. There are no conflicts of interest that would preclude\n\nor be substantially detrimental to my ability to act in the best\n\ninterest(s) of the minor child(ren).\n\nWHEREFORE, the Petitioner prays the Court to grant Petitioner\n\ncare and custody by abandonment and issue Letters of Custody by\n\nAbandonment upon the taking of the oath.\n\n__________________________\n\nSignature of Attorney or Pro Se Petitioner\n\nPrinted Name\n\nAddress\n\nVerification\n\nState of Oklahoma )\n\n) SS.\n\nCounty of _____________ )\n\nI, _____________________, of lawful age, being first duly sworn upon\n\noath depose and state that I am the Petitioner named above; that I\n\nhave read the foregoing Petition and understand its contents; that I\n\nhereby state that the facts set forth in the foregoing Petition are\n\ntrue and correct to the best of my knowledge and belief.\n\n__________________________\n\nSignature of Petitioner\n\nSubscribed and sworn to before me this ______ day of\n\n________________, 20_____.\n\n__________________________\n\nNotary Public\n\nMy Commission Number is:____________________\n\nMy Commission Expires:_____________________\n\nE. Affidavits attesting to the compliance of the guardian with\n\nthe Uniform Child Custody Jurisdiction and Enforcement Act and the\n\nOklahoma Sex Offenders Registration Act shall be attached to the\n\npetition and shall be substantially in the following forms:\n\nUniform Child Custody\n\nJurisdiction And Enforcement Act\n\nAffidavit\n\nSTATE OF OKLAHOMA )\n\n) SS\n\nCOUNTY OF ________________ )\n\nI,________________________, of lawful age, am the Petitioner in the\n\nabove-styled and numbered guardianship proceeding, being first duly\n\nsworn upon oath, depose and state:\n\n1. The minor(s), ___________, _______________, presently live at\n\n__________ (city), ___________ (state), ______ (zip).\n\n2. The minor(s) has/have lived at the following address during the\n\nlast five (5) years:\n\nName Address City State Zip Date\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n3. I have/have not participated as a party, witness or otherwise\n\nbeen involved in a legal proceeding concerning the custody of, or\n\nvisitation with, said minor(s).\n\nIf you have, list the Court, the case number(s) and the date(s) of\n\nparticipation:\n\nCourt Case Number Dates\n\n________________________________________________________________\n\n________________________________________________________________\n\n________________________________________________________________\n\n4. I have knowledge of the following proceeding pertaining to a\n\ndivorce of the minor’s(s’) parents, custody proceeding(s) concerning\n\nthis/these minor(s) proceedings concerning domestic violence or\nes\n\n________________________________________________________________\n\n________________________________________________________________\n\n________________________________________________________________\n\n4. I have knowledge of the following proceeding pertaining to a\n\ndivorce of the minor’s(s’) parents, custody proceeding(s) concerning\n\nthis/these minor(s) proceedings concerning domestic violence or\n\nabuse, protective orders, termination of parental rights, adoptions\n\nor Department of Human Services or other proceedings.\n\nCourt Case Number Dates\n\n________________________________________________________________\n\n________________________________________________________________\n\n________________________________________________________________\n\n5. I have knowledge that the following named persons claim a right\n\nto custody or a right to visitation with said minor.\n\nName Address City State Zip Date\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n_________________________________________________________________\n\n6. I acknowledge that I have a continuing duty under the law to\n\ninform the Court, in writing, of any additional information acquired\n\nby me after executing this “Affidavit”.\n\nSignature: ____________________________\n\nPrint Name: ____________________________\n\nPetitioner\n\nSubscribed and sworn to before me this _________ day of\n\n_____________________, _______.\n\n________________________________\n\nCourt Clerk / Notary Public\n\nMy Commission Number: ___________________________________________\n\nMy Commission Expires: __________________________________________\n\nOklahoma Sex Offenders Registration Act\n\nAffidavit\n\nI am not a person subject to registration under the Oklahoma Sex\n\nOffenders Registration Act. I am not married to or living with such\n\na person, or a person who has been convicted of, or has charges\n\npending for, a felony or any relevant misdemeanor, nor has anyone\n\nliving with me or frequently present in my home previously been\n\nconvicted of, or has charges pending for, a relevant felony or\n\nmisdemeanor.\n\nThat as guardian of the above minor child(ren) under no\n\ncircumstances shall I permit the child to be left in the custody of\n\na person who is known to me to be subject to registration under the\n\nOklahoma Sex Offenders Registration Act. Nor shall I permit the\n\nchildren to be left in the custody of a person married or living\n\nwith such a person, or with any individual who has been convicted of\n\nany crime involving domestic abuse. Nor shall these children be\n\nplaced in the custody of a person who has previously been convicted\n\nof, or has charges pending for, a relevant felony or misdemeanor.\n\n____________________________________________\n\nPetitioner\n\nSubscribed and sworn to before me on this _____ day of\n\n_______________.\n\n____________________________________________\n\nCourt Clerk or Notary Public\n\nMy Commission Number: ____________________________________________\n\nMy Commission Expires: ___________________________________________\n\nF. The provisions for satisfying notice requirements and\n\nreceiving reports and investigations shall be identical to those\n\nprovided for under subsection C of Section 2-101 of Title 30 of the\n\nOklahoma Statutes.\n\nG. The annual accounting requirements for custody by\n\nabandonment shall be identical to the accounting requirements\n\nprovided in Section 4-303 of Title 30 of the Oklahoma Statutes.\n\nH. The filing fees in matters pertaining to custody by\n\nabandonment shall not exceed the fees for matters pertaining to\n\nrelative guardianship under Section 4-404 of Title 30 of the\n\nOklahoma Statutes.\n\nI. If after consideration, the court finds that granting\n\ncustody by abandonment to a qualified relative is in the best\nequirements\n\nprovided in Section 4-303 of Title 30 of the Oklahoma Statutes.\n\nH. The filing fees in matters pertaining to custody by\n\nabandonment shall not exceed the fees for matters pertaining to\n\nrelative guardianship under Section 4-404 of Title 30 of the\n\nOklahoma Statutes.\n\nI. If after consideration, the court finds that granting\n\ncustody by abandonment to a qualified relative is in the best\n\ninterest of the child, the court shall issue an order granting said\n\nrelative custody by abandonment. A qualified relative who is\n\ngranted custody by abandonment shall be issued Letters of Custody by\n\nAbandonment. Letters of Custody by Abandonment shall specify that\n\nthe guardian shall have the authority to consent to medical services\n\nand shall be indemnified from personal liability for medical\n\nservices provided to the child or children. Custody by abandonment\n\nshall take effect upon taking of an oath by the qualified relative.\n\nJ. 1. A minor who is in the permanent care of the qualified\n\nrelative granted care and custody by abandonment and who is either:\n\na. twenty-four (24) months of age or less and who has\n\nbeen abandoned for at least six (6) months in the\n\nphysical care of the qualified relative, or\n\nb. over twenty-four (24) months of age and who has been\n\nabandoned for a period of twelve (12) months out of\n\nthe last fourteen (14) months in the physical care of\n\nthe qualified relative,\n\nmay not be reclaimed or recovered to the parent or parents or other\n\nperson or persons having legal custody of the minor who abandoned\n\nthe minor except through order of a court of competent jurisdiction\n\nor by voluntary release of the minor by the qualified relative.\n\n2. Upon any action to determine the custody of the minor\n\npursuant to the provisions of this subsection, the court shall base\n\nits findings and determination of custody on the best interests of\n\nthe minor and:\n\na. the duration of the abandonment and integration of the\n\nminor into the home of the relative,\n\nb. the preference of the minor if the minor is determined\n\nto be of sufficient maturity to express a preference,\n\nc. the mental and physical health of the minor, and\n\nd. such other factors as are deemed necessary in the\n\nparticular circumstances.\n\n3. During the pendency of any action to determine the custody\n\nof a minor pursuant to this subsection, unless it is determined not\n\nto be in the best interests of the minor, the minor shall remain in\n\nthe custody of the qualified relative who has accepted custody by\n\nabandonment.\n\n4. If the court orders the minor be returned to the minor’s\n\nparent or parents or other legal guardian, the court may provide for\n\na transitional period for the return in the best interest of the\n\nminor.\n\nK. The provisions of this section shall not apply to the\n\nacceptance of care and custody by one parent of the minor from the\n\nother parent of the minor.\n\nL. 1. Custody by abandonment for a minor ceases upon:\n\na. the minor attaining majority, or attaining the age of\n\nnineteen (19) years if the minor is a full-time\n\nstudent in high school,\n\nb. the solemnized marriage of the minor,\n\nc. the voluntary relinquishment by the qualified relative\n\ngranted custody by abandonment, or\n\nd. by order of the court.\n\n2. If the minor stops residing with the relative, or if custody\n\nby abandonment has been terminated for any reason, the relative\n\nshall notify the court issuing the Letters of Custody by Abandonment\n\nand any school, health care provider, health care service plan, or\n\nother provider that has been given a copy of the Letters of Custody\n\nby Abandonment.\n\nM. Actions establishing abandonment pursuant to this section\n\nshall not be required to be reported to the Department of Human\n\nServices under subsection B of Section 1-2-101 of Title 10A of the\n\nOklahoma Statutes.","path":["OK Code","Title 30"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os30.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6c19245cd5933a821343a403c9ab0dd3732d6d973dc6bee39614cc050dd1392b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-2-116","next":"us-ok/okla.-stat.-tit.-30-30-20"},"notice":"GroundRules: Original legal text. Not legal advice."}