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  1. #1
    Join Date
    Jan 2010
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    2

    Default Can a Child Choose His/Her Guardian

    My question involves guardianship in the State of: Oklahoma

    In Oklahoma I became co-guardian of a grandson whose parents are both deceased. I started out as secondary guardian but over a year ago I became primary guardian when my grandson came to visit me with a bruise on him in the shape of a belt. The primary guardian admitted to the guardian ad litem that she had put the bruise there when spanking him. The child was also struggling with behavior problems and was suspended from school several times. When I got him he had just finished second grade for the second time.

    SinceI have had him his grade level has greatly improved; he has never been suspended from school or had any detention. Now when he visits the other guardian he is being told that at 12 he can choose who he wants to live with.
    My question is.... can a child choose their guardian?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,417

    Default Re: Can a Child Choose His/Her Guardian

    No. Not any more than he can choose what parent to live with.

    In some states, after a certain age, and it is 12 in at least one that I know of, a judge will listen to a child's preference and take it into consideration. But only in GA does a child get to make the decision, and even in GA only in certain situations.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Can a Child Choose His/Her Guardian

    He came to you as the secondary guardian by virtue of a court order, or simply through the acquiescence of the primary guardian?

  4. #4
    Join Date
    Jan 2010
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    2

    Default Re: Can a Child Choose His/Her Guardian

    Quote Quoting Mr. Knowitall
    View Post
    He came to you as the secondary guardian by virtue of a court order, or simply through the acquiescence of the primary guardian?
    He came to me for a summer visit with a bruise in the shape of a belt - this enabled me to get an emergency order to keep him here (a different state from OK) until we went to court in OK for a permanent order.

    The Guardian Ad Litem recommended that he come home with me - the then primary guardian (now the secondary guardian) chose to not fight it in court, but did admit to the GAL that she put the bruise on him. Additionally, there were some behavior issues; the child had been suspended from school and placed in detention for behavior.

    So, the guardianship flipped placing me as primary and the other guardian as secondary via a court order that was agreed upon without a trial.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Can a Child Choose His/Her Guardian

    Then, as was previously stated, the decision is up to the court and not the child or the formerly primary (now secondary) guardian.

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