Hennessey, OK asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma

Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t know about biological father and has had no ties. There has been a child support case open due to him being on soonercare, there was a few months where we received money (don’t know if it was him actually paying or child support just pulling money out and don’t know if that matters) but it has stopped. I don’t want child support, I can support child on my own only cooperated with DHS if he’s to be on soonercare. I’m wanting to terminate his rights on abandonment .

Also what is his rights as a non custodial who has never contacted, seen child, talked to, cared for physically or financially for 8years (all of child’s life)

2 Lawyer Answers
Pete David Louden
Pete David Louden
Answered
  • Norman, OK
  • Licensed in Oklahoma

A: No. There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

If you ever get married again and your husband wants to adopt the child the child may be eligible for adoption if the father keeps doing what he is doing now.

Brian Boeheim agrees with this answer

Brian Boeheim
Brian Boeheim
Answered
  • Divorce Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: I agree with Pete, the only way an individual can attempt to terminate a parent’s rights, is through an adoption without consent. Other than that, DHS or the State would need to begin a termination proceeding.

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