Okla. Stat. tit. 30, § 30-2-117

A. The court of each county, when it appears necessary or

convenient, may grant a qualified relative custody by abandonment of

a minor or minors who have been abandoned, as defined by Section 1-

1-105 of Title 10A of the Oklahoma Statutes, in the care of the

qualified relative if:

1. The minor is residing full-time with the qualified relative

and the qualified relative contributes the major degree of support

for the minor; and

2. The qualified relative is unable to contact the parent or

parents or person or persons having legal custody of the minor, or

the parent or parents or other person or persons having legal

custody of the minor fail to or refuse to regain physical custody of

the minor after a written request to do so by the qualified

relative.

B. For purposes of this section, a “qualified relative” means

an adult grandparent, great-grandparent, brother, sister, half-

brother, half-sister, uncle, aunt, niece or nephew or a spouse of a

qualified relative.

C. A qualified relative who is granted custody by abandonment

shall have the same rights to arrange for, authorize, and consent to

day care services, medical, psychological, dental, and educational

assessment and services, and any other services that may be

necessary to provide for the care, treatment, education, and welfare

Oklahoma Statutes - Title 30. Guardian and Ward Page 27

of the minor or minors that are given to legal guardians by the

Oklahoma Guardianship and Conservatorship Act except that such

relative may not consent to an adoption of the minor or minors.

D. Custody by abandonment shall be made on the verified

petition of a qualified relative and shall be substantially in the

following form:

PETITION FOR CUSTODY BY ABANDONMENT

Comes Now the Petitioner, _______________, and informs the Court as

follows:

1. That I am now a resident in good faith of ____________ County,

and the State of Oklahoma for at least six (6) months prior to the

filing of this petition.

2. That my home address is __________________________.

3. That my date of birth is _______________________________.

4. That my Oklahoma driver license or other identification card

number is _____________________.

5. That _______________________ is/are minor child(ren) ________

years of age, respectively, having the following date(s) of birth:

______________________________________.

6. That I am related to the child(ren) as his/her/their

___________________.

7. That the child(ren) has/have been living in my home since the

______ day of _________________, 20___. Prior to this date, the

child(ren) resided at the following address and in the following

county and state: ________________________________________.

8. That the Court has jurisdiction in this action to make a child

custody determination pursuant to the Uniform Child Custody

Jurisdiction and Enforcement Act, Sections 551-101 through 551-402

of Title 43 of the Oklahoma Statutes in that Oklahoma is the home

state of the minor child(ren). A Uniform Child Custody Jurisdiction

and Enforcement Act Affidavit is attached to this petition.

9. That the minor child(ren) is/are not Indian children within the

meaning of the Federal or State Indian Child Welfare Acts.

10. That (check one)

( ) I am unable to contact or locate either parent of the

child(ren) or other person(s) having legal custody of the child(ren)

at this time.

( ) I made a written request to the child(ren)’s parent(s) or other

person(s) having legal custody of the child(ren) on the ____ day of

__________________, 20_____, to regain physical custody of the

child(ren), and said custodian has failed to regain custody or such

request has been refused.

11. That, at this time, I do/do not (choose one) intend to seek

child support from the child(ren)’s parent(s) or legal guardian(s).

12. That granting Petitioner care and custody by abandonment is

necessary to provide for the general welfare of the child(ren) and
__, to regain physical custody of the

child(ren), and said custodian has failed to regain custody or such

request has been refused.

11. That, at this time, I do/do not (choose one) intend to seek

child support from the child(ren)’s parent(s) or legal guardian(s).

12. That granting Petitioner care and custody by abandonment is

necessary to provide for the general welfare of the child(ren) and

Oklahoma Statutes - Title 30. Guardian and Ward Page 28

to allow Petitioner to authorize medical, dental, educational, child

care and/or other services for the child(ren).

13. That I hereby accept care and custody of the child(ren). I

will exercise continuing general supervision of the child(ren).

14. That I am qualified to be granted care and custody by

abandonment. I further inform the Court that I am not a minor,

incapacitated person or partially incapacitated person. Attached to

this petition is a completed Oklahoma Sex Offenders Registration Act

Affidavit. There are no conflicts of interest that would preclude

or be substantially detrimental to my ability to act in the best

interest(s) of the minor child(ren).

WHEREFORE, the Petitioner prays the Court to grant Petitioner

care and custody by abandonment and issue Letters of Custody by

Abandonment upon the taking of the oath.

__________________________

Signature of Attorney or Pro Se Petitioner

Printed Name

Address

Verification

State of Oklahoma )

) SS.

County of _____________ )

I, _____________________, of lawful age, being first duly sworn upon

oath depose and state that I am the Petitioner named above; that I

have read the foregoing Petition and understand its contents; that I

hereby state that the facts set forth in the foregoing Petition are

true and correct to the best of my knowledge and belief.

__________________________

Signature of Petitioner

Subscribed and sworn to before me this ______ day of

________________, 20_____.

__________________________

Notary Public

My Commission Number is:____________________

My Commission Expires:_____________________

E. Affidavits attesting to the compliance of the guardian with

the Uniform Child Custody Jurisdiction and Enforcement Act and the

Oklahoma Sex Offenders Registration Act shall be attached to the

petition and shall be substantially in the following forms:

Uniform Child Custody

Jurisdiction And Enforcement Act

Affidavit

STATE OF OKLAHOMA )

) SS

COUNTY OF ________________ )

Oklahoma Statutes - Title 30. Guardian and Ward Page 29

I,________________________, of lawful age, am the Petitioner in the

above-styled and numbered guardianship proceeding, being first duly

sworn upon oath, depose and state:

1. The minor(s), ___________, _______________, presently live at

__________ (city), ___________ (state), ______ (zip).

2. The minor(s) has/have lived at the following address during the

last five (5) years:

Name Address City State Zip Date

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

3. I have/have not participated as a party, witness or otherwise

been involved in a legal proceeding concerning the custody of, or

visitation with, said minor(s).

If you have, list the Court, the case number(s) and the date(s) of

participation:

Court Case Number Dates

________________________________________________________________

________________________________________________________________

________________________________________________________________

4. I have knowledge of the following proceeding pertaining to a

divorce of the minor’s(s’) parents, custody proceeding(s) concerning

this/these minor(s) proceedings concerning domestic violence or
es

________________________________________________________________

________________________________________________________________

________________________________________________________________

4. I have knowledge of the following proceeding pertaining to a

divorce of the minor’s(s’) parents, custody proceeding(s) concerning

this/these minor(s) proceedings concerning domestic violence or

abuse, protective orders, termination of parental rights, adoptions

or Department of Human Services or other proceedings.

Court Case Number Dates

________________________________________________________________

________________________________________________________________

________________________________________________________________

5. I have knowledge that the following named persons claim a right

to custody or a right to visitation with said minor.

Name Address City State Zip Date

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

6. I acknowledge that I have a continuing duty under the law to

inform the Court, in writing, of any additional information acquired

by me after executing this “Affidavit”.

Signature: ____________________________

Print Name: ____________________________

Petitioner

Subscribed and sworn to before me this _________ day of

_____________________, _______.

Oklahoma Statutes - Title 30. Guardian and Ward Page 30

________________________________

Court Clerk / Notary Public

My Commission Number: ___________________________________________

My Commission Expires: __________________________________________

Oklahoma Sex Offenders Registration Act

Affidavit

I am not a person subject to registration under the Oklahoma Sex

Offenders Registration Act. I am not married to or living with such

a person, or a person who has been convicted of, or has charges

pending for, a felony or any relevant misdemeanor, nor has anyone

living with me or frequently present in my home previously been

convicted of, or has charges pending for, a relevant felony or

misdemeanor.

That as guardian of the above minor child(ren) under no

circumstances shall I permit the child to be left in the custody of

a person who is known to me to be subject to registration under the

Oklahoma Sex Offenders Registration Act. Nor shall I permit the

children to be left in the custody of a person married or living

with such a person, or with any individual who has been convicted of

any crime involving domestic abuse. Nor shall these children be

placed in the custody of a person who has previously been convicted

of, or has charges pending for, a relevant felony or misdemeanor.

____________________________________________

Petitioner

Subscribed and sworn to before me on this _____ day of

_______________.

____________________________________________

Court Clerk or Notary Public

My Commission Number: ____________________________________________

My Commission Expires: ___________________________________________

F. The provisions for satisfying notice requirements and

receiving reports and investigations shall be identical to those

provided for under subsection C of Section 2-101 of Title 30 of the

Oklahoma Statutes.

G. The annual accounting requirements for custody by

abandonment shall be identical to the accounting requirements

provided in Section 4-303 of Title 30 of the Oklahoma Statutes.

H. The filing fees in matters pertaining to custody by

abandonment shall not exceed the fees for matters pertaining to

relative guardianship under Section 4-404 of Title 30 of the

Oklahoma Statutes.

I. If after consideration, the court finds that granting

custody by abandonment to a qualified relative is in the best
equirements

provided in Section 4-303 of Title 30 of the Oklahoma Statutes.

H. The filing fees in matters pertaining to custody by

abandonment shall not exceed the fees for matters pertaining to

relative guardianship under Section 4-404 of Title 30 of the

Oklahoma Statutes.

I. If after consideration, the court finds that granting

custody by abandonment to a qualified relative is in the best

interest of the child, the court shall issue an order granting said

relative custody by abandonment. A qualified relative who is

granted custody by abandonment shall be issued Letters of Custody by

Abandonment. Letters of Custody by Abandonment shall specify that

Oklahoma Statutes - Title 30. Guardian and Ward Page 31

the guardian shall have the authority to consent to medical services

and shall be indemnified from personal liability for medical

services provided to the child or children. Custody by abandonment

shall take effect upon taking of an oath by the qualified relative.

J. 1. A minor who is in the permanent care of the qualified

relative granted care and custody by abandonment and who is either:

a. twenty-four (24) months of age or less and who has

been abandoned for at least six (6) months in the

physical care of the qualified relative, or

b. over twenty-four (24) months of age and who has been

abandoned for a period of twelve (12) months out of

the last fourteen (14) months in the physical care of

the qualified relative,

may not be reclaimed or recovered to the parent or parents or other

person or persons having legal custody of the minor who abandoned

the minor except through order of a court of competent jurisdiction

or by voluntary release of the minor by the qualified relative.

2. Upon any action to determine the custody of the minor

pursuant to the provisions of this subsection, the court shall base

its findings and determination of custody on the best interests of

the minor and:

a. the duration of the abandonment and integration of the

minor into the home of the relative,

b. the preference of the minor if the minor is determined

to be of sufficient maturity to express a preference,

c. the mental and physical health of the minor, and

d. such other factors as are deemed necessary in the

particular circumstances.

3. During the pendency of any action to determine the custody

of a minor pursuant to this subsection, unless it is determined not

to be in the best interests of the minor, the minor shall remain in

the custody of the qualified relative who has accepted custody by

abandonment.

4. If the court orders the minor be returned to the minor’s

parent or parents or other legal guardian, the court may provide for

a transitional period for the return in the best interest of the

minor.

K. The provisions of this section shall not apply to the

acceptance of care and custody by one parent of the minor from the

other parent of the minor.

L. 1. Custody by abandonment for a minor ceases upon:

a. the minor attaining majority, or attaining the age of

nineteen (19) years if the minor is a full-time

student in high school,

b. the solemnized marriage of the minor,

c. the voluntary relinquishment by the qualified relative

granted custody by abandonment, or

Oklahoma Statutes - Title 30. Guardian and Ward Page 32

d. by order of the court.

2. If the minor stops residing with the relative, or if custody

by abandonment has been terminated for any reason, the relative

shall notify the court issuing the Letters of Custody by Abandonment

and any school, health care provider, health care service plan, or

other provider that has been given a copy of the Letters of Custody

by Abandonment.

M. Actions establishing abandonment pursuant to this section

shall not be required to be reported to the Department of Human

Services under subsection B of Section 1-2-101 of Title 10A of the

Oklahoma Statutes.