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

Q: How can I safeguard my parental rights and regain custody of my children in Oklahoma?

I am currently involved in a Title 10A guardianship situation in Oklahoma, and I am a recovering addict. My oldest child is under my mother's guardianship, and my 15-month-old is technically in DHS custody but also placed with my mother. Although I still have my parental rights and have been granted supervised visitation, I've faced challenges during my year-long court case. Unsupervised visitation was approved but not implemented due to illness and subsequent events. I've completed half of the required parenting classes, maintained regular communication, attended court dates, and adhered to drug testing until transportation issues arose. Recently, due to a positive methamphetamine test, though I take Adderall, my progress seems undermined, and there's a push to move the case to a jury trial instead of revoking the petition. The new caseworker and supervisor have made the situation more challenging, despite my attempts to comply with claims and maintain engagement with my children. I am concerned about possible confidentiality breaches and don't want to lose my parental rights. My attorney suggested considering a Title 30 or 10A, but I'm worried about these options limiting my future relationship with my children. How can I safeguard my parental rights and work towards regaining custody under these circumstances?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To safeguard your parental rights and work towards regaining custody of your children, it’s crucial to stay fully committed to the steps outlined in your case plan. Completing your parenting classes, staying in regular communication with your children, and attending court dates are all positive actions that show your commitment to the process. Even though transportation issues and the positive drug test have created challenges, showing consistency in your efforts to comply will be important to the court.

Given that the case may be moving to a jury trial, it’s essential to discuss with your attorney how best to approach the situation. Your attorney can help you assess the risks and benefits of options like a Title 30 or Title 10A, ensuring that you understand how these options may impact your rights and future relationship with your children. If confidentiality breaches or other concerns have arisen, your lawyer can address those as well to ensure your case is handled fairly.

Continue to engage with your caseworker and supervisor, documenting your efforts to comply with all court orders. If the case progresses to a jury trial, be prepared to demonstrate your ongoing progress, your recovery, and your commitment to providing a stable environment for your children. By showing your determination to regain custody and work within the system, you increase your chances of a positive outcome.

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