Oklahoma City, OK asked in Child Custody and Family Law for Oklahoma

Q: He can still get custody an visitation even tho he abandoned the child for 6 months?

Son's dad moved to Florida only met my son for ten minutes. Has no bond with him hasn't helped support him an now wants to be involved is that not child abandonment can his rights not be terminated?

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2 Lawyer Answers
Charles Watts
Charles Watts
Answered
  • Divorce Lawyer
  • OKLAHOMA CITY, OK
  • Licensed in Oklahoma

A: Unless there is a court order stating otherwise then it is still his son and he has rights. As far as the second part of your question in terminating his rights - there are two ways to terminate a parents rights and both require the role to be filled by another. 1) is a step parent adoption, or 2) DHS takes custody and terminates both parents rights. You need to contact an attorney to help you with this as you need to get an order limiting/modifying the visitation or custody.

Jessica Brown agrees with this answer

Anna L Self
Anna L Self
Answered
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: The Court will not terminate his rights based on abandonment. They will terminate parental rights in a deprived case or if a step-parent can adopt the child. You can file a case with DHS to try to get child support paid by him. Yes, the court will allow him visitation even though he has not seen the child in 6 months.

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