After the death of both parents, an 18-year-old teen is applying to be the guardian for his 15-year-old sister.
On Christmas Eve in 2015, Kyle Nester and his younger sister, Madison, lost their father due to a heart attack. Earlier this year, their mother Tammy passed away due to liver and kidney failure.
Nester is currently in his final year of high school and plans to attend Ohio State University in Columbus after he graduates in May. He plans to continue to live at home rather than on campus for as long as his sister is in high school.
Making Sure His Sister Has Everything She Needs
Nester stated that he is choosing to become his sister’s guardian to ensure that she has “everything she needs” throughout college and afterwards. Their grandparents are proud supporters of Nester’s decision and are helping him through the complex paperwork necessary to gain guardianship of his sister.
How Guardianship Differs from Adoption
Guardianship is about establishing a legal relationship between a minor and an adult who is not the child’s parent. It does not end the legal relationship between a child and his or her own biological parents.
Adoption, on the other hand, changes that relationship. Adopting adults legally become the parents of a child and biological parents give up all parental rights and obligations.
Guardianship only lasts until:
- The child reaches legal age (in Oklahoma, it is 18 years of age)
- The child passes away
- A judge believes that guardianship is no longer necessary
- The child’s assets are gone (this is if guardianship was set up for the purpose of dealing with a child’s finances)
Becoming a Guardian in Oklahoma
Individuals may wish to become a guardian for a child for a number of reasons, including ensuring that proper care is provided, to enroll a child in school, and to receive state benefits. Obtaining guardianship requires three general steps:
- Filing paperwork with the court clerk
- Requesting that the judge appoint you as guardian of the minor child
- Attend a hearing and tell the judge why you should be the child’s guardian
Rick Dane Moore & Associates: Over 30 Years Combined Experience in Guardianship Cases
The Rick Dane Moore & Associates Law Firm, P.L.L.C. in Oklahoma protects the well-being of minor children by ensuring that suitable clients have well-prepared cases for guardianship ready for the courts.
For expert advice and assistance with your guardianship case, we invite you to call (405) 366-0373.