A. The Court, when it appears necessary or convenient, may grant a qualified relative custody by abandonment of a minor or minors who have been abandoned if:

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 of the minor or minors that are given to legal guardians by this 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 Osage Nation Trial Court as follows:

1. That I am now a resident in good faith of ____ County, and the State of Oklahoma and have resided in the jurisdictional boundaries of the Osage Nation 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 Osage Nation 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 ____.

8. Prior to this date, the child(ren) resided at the following address: ____ which is/is not within the jurisdiction of the Osage Nation.

9. That the Court has jurisdiction in this action to make a child custody determination.

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 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 Osage Nation Sex Offender Registration Notification Act and a State of 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: _________________________

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

Osage Nation	)
	) ss.
County of ________	)

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 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 _______________, ____.

______________________

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 Osage Nation Sex Offender Registration and Notification Act or 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 Osage Nation Sex Offender Registration and Notification Act or 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 this Act.

G. The annual accounting requirements for custody by abandonment shall be identical to this Act.

H. The filing fees in matters pertaining to custody by abandonment shall not exceed the fees for matters pertaining to relative guardianship under this Act.

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 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. 

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.