Blackwell, OK asked in Child Support and Family Law for Oklahoma

Q: Do you know the qualification for the lack of providing child support for the child in terminating the paternal rights?

Is it still not complying with the court ordered payments for 6 of the previous 12 months? Also is paying partial payments considered complying or not since the full amount was not received?

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

A: There is no termination of rights unless it is done in an

adoption proceeding. Must show no support and/or no relationship for 12 of the last 14 months to adopt without the consent of the parent. See an adoption attorney to learn more about the process.

Brian Boeheim agrees with this answer

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

A: Pete nailed it. 12 of the last 14 months for adoption. The only other angle would be through a Juvenile termination for child neglect, but that would be a stretch, especially if you have made any payments at all.

Charles Watts
Charles Watts
Answered
  • OKLAHOMA CITY, OK
  • Licensed in Oklahoma

A: Both Pete and Brian are steering you correctly. There is no termination of parental rights in regards to child support. Likewise, just because termination of parental rights is done, does not relieve the party of providing support, until another party takes claim to the child (ie. adoption).

For an adoption to be performed without the consent of the parent, that parent has to not contribute to the financial support of the child for 12 of the last 14 consecutive months, prior to the date of filing of the adoption petition.

The other avenue for termination of parental rights is the state terminating them through a DHS proceeding.

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