Chanute, KS asked in Family Law and Adoption for Oklahoma

Q: How to request legal cousnel due to income to reapond to petition for adpotion in oklahoma where they say no constent ne

I am on ssi and can not afford attorney how do i get oklahoma to help me in this matter to reapond to petition and help me in court .but i live in kansas they are McIntosha County , Oklahoma

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2 Lawyer Answers
Gary Johnston Dean
Gary Johnston Dean
Answered
  • Family Law Lawyer
  • Pryor, OK
  • Licensed in Oklahoma

A: Gosh, sorry you are so far away from McIntosh County. First, I would ask the Judge to appoint an attorney for you. Before doing this however, you should phone some attorneys who practice in that county, and see if you can hire them with a down payment you can afford, and a payment plan for the balance. Standing to lose all rights to your children is an important right, and if you are indigent, and unable to hire an attorney on your own, one should be appointed for you. If for some reason the judge won't do this, immediately file in the case your written request for a court appointed attorney, and tell about your income, and what you have done to attempt to hire one.

DON'T MISS ANY COURT DATES, as hard as it is, you need to be in court for all hearings, unless you have hired an attorney who says your appearance is not necessary. I am "guessing" that the reason the mom says that your consent is unnecessary is because your haven't paid child support in the past 12 months. This position can be defended against if you have truly been unable to pay. Are you in contact with your child(ren)? If not, why not? You should try to contact them if you haven't, and see what their thoughts are if they are older kids. Good luck, I wish you well. GJD

Gary Johnston Dean
Gary Johnston Dean
Answered
  • Family Law Lawyer
  • Pryor, OK
  • Licensed in Oklahoma

A: Stopped too soon in my above answer--- If the time to respond, or answer the Petition for Adoption is NEAR, you should file your own "Answer" to the Petition. Put the "Caption" on your Answer (that's the county name, and case info and number as it appears on the top of the papers served on you). In the first paragraph (Which should be numbered) you should say that you object to the Adoption. Next one, say that your consent to the adoption is required. Next, say I have defenses to the claims that your consent is not required. Next say that the Adoption is not in the best interest of the children. Next say that you request that you are indigent, and request the court appoint a lawyer for you. Finally, sign it, and show your name, phone, address, and email address.

Under that make a statement that you mailed copies to the attorneys involved, with their names and addresses. TYPE this on your computer. if you can't print it, email to a friend to print copies for you. Mail a copy to all attorneys, the Judge, and 2 copies to the Court Clerk with a self addressed stamped envelope to return a copy to you with the filing stamp on it. Take care, and good luck. gjd

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