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Oklahoma Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on
Q: Is there a way to terminate rights of a non custodial parent who pays child support through garnishment?

He has not seen the kids regularly since july 2014. He saw them once in June 2015 and once in July 2016. I have been told that because he “pays” child support even if it’s because he is garnished I can’t take his rights away. I am remarried and my husband wants to adopt them

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

What you were told is not exactly true. The statute states that a child may adopted without consent if the non-custodial parent has not provided financial support in 12 or the past 14 months ... OR ... has not made reasonable effort in the past 12 of the previous 14 months to establish or maintain... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Hello. I am wondering if we the petitioner can request a public notice to be placed regarding a court date.

The respondent does have an attorney but we didn't want to get to the court hearing day of and the respondents attorney ask for another continuance because she can't locate her client. We have guardianship of our two nieces for 21 months and filed for adoption in September. Court date for... View More

Pete David Louden
Pete David Louden
answered on Jan 16, 2020

You would have to give the attorney notice of the hearing. It is very easy to mess up an adoption, so much so that most attorneys will not even attempt an adoption case. You really should have an attorney that really knows adoptions to help you and they will be able to deal with notice issues.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Do I need a lawyer to legally adopt my 18 year old in Oklahoma or is that something we can do ourselves?

My 18 year old daughter would like for me to legally adopt her. Is there a way we could do it without getting a lawyer involved?

Pete David Louden
Pete David Louden
answered on Dec 31, 2019

Adoptions are so complex that most lawyers will not even attempt to do an adoption. An adult adoption will be easier than a child but I think it would be worth your time to meet with an expert to learn the process and your options.

1 Answer | Asked in Family Law, Adoption and Child Support for Oklahoma on
Q: My children were adopted by my parents years ago I ambeing sued for child support for after adoption what is the law
Brian Boeheim
Brian Boeheim
answered on Nov 16, 2019

Parent’s are still required by law to pay child support even after a parent’s rights are terminated. A parent is relieved of any further child support obligation upon the court receipt of a final decree of adoption. A parent would always be required to pay the back child support, pursuant to a... View More

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: I want to adopt my wife's 30 year old daughter. everyone involved wants this to happen. what cost is involved?

I'm in yukon ok, Canadian county

Doak Willis
Doak Willis
answered on Nov 4, 2019

Paying an attorney for the adoption which runs anywhere from $1500 plus court costs up to whatever the market where you live charges.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Do still have to pay child support if I terminated my rights as an parent?
Doak Willis
Doak Willis
answered on Nov 4, 2019

Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: My sister in law was on drugs and dhs took the baby. Now my sister in law is clean, but her boyfriend isnt. She is

Clean 100% and she passed her tests. Also she is pregnant.. horrible situation turned worse. We want to help her and she is coming to live with us. Us being my husband and i, he is her brother.. She is due next month. Dhs wants to take this baby too... because her boyfriend is still on durgs. But... View More

Brian Boeheim
Brian Boeheim
answered on Sep 26, 2019

DHS is a funny agency in that it sometimes all depends not the case worker you have. There is a big difference between having your child removed based on a deprived action and having your parental rights terminated. If she is working a plan after a deprived adjudication or waiver, then it makes... View More

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: I was the guardian to a child from OK. We ended up adopting her in WA state. Didn’t file termination in OK

Do I have to file something with the court besides the birth certificate and the order for adoption in oK as my adoption lawyer did that to my knowledge I have her birth certificate.

Melissa  Webb
Melissa Webb
answered on Sep 17, 2019

I recommend consulting with a lawyer well-versed in Oklahoma adoption law to ensure the UCCJEA was complied with and any additional steps you need to take in Oklahoma.

2 Answers | Asked in Family Law and Adoption for Oklahoma on
Q: I'm in a adoption case for my son. The judge ordered that my son can be eligible for adoption without my consent.

Now my court appointed lawyer withdrew. And told me I need to file a " entry of appearance". How do I do this, and where do I fie it. And what is it for.? I'm so lost and need help before I loose my parental rights to my son. It was a default judgement I was late for court.

Pete David Louden
Pete David Louden
answered on Sep 3, 2019

It is not possible to teach you everything that you need to know to handle the case over the internet. You really need to hire an attorney right now and see if they can help you set aside the default. Act quickly!!!

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1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on
Q: My fiancee has a 3 year old from a previous relationship and the father is not in his life at all and my fiancee has to

Pull teeth to get child support payments. Is there any way I can adopt him?

Melissa  Webb
Melissa Webb
answered on Jul 27, 2019

First, in Oklahoma a step-parent adoption requires you be married to the child’s parent for one (1) year. Second, you have to meet the qualifications set out in the law, mainly dealing with criminal history. Third, If the child is over twelve (12), they would have to consent. If these... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: I have sole custody, what proof do I need to show of abandonment etc so my new spouse can adopt my children?

I was given sole custody, all divorce states is I have sole custody and respondent to pay X Amt of child support.No visitation was granted etc. Nothing has ever been paid, and he has not even had contact in nearly 3 years. He has had CF and CM arrests in the past few years (drug abuse)with deferred... View More

Hans Otto Lehr
Hans Otto Lehr
answered on Jun 24, 2019

If the biological father has not had substantial contact with the child in 12 months, you may be able to proceed with an adoption without the biological father's consent on the grounds of abandonment. Failure to pay child support and lack of interest in exercising visitation in this time can... View More

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1 Answer | Asked in Adoption for Oklahoma on
Q: I am doing an adoption on my own and the judge said that i need this affidavit of disclosure..how do i get this?
Melissa  Webb
Melissa Webb
answered on May 24, 2019

I believe the Judge is referring to an Affidavit of Non-Disclosure. You can get it from the court clerk for the county where the adoption is filed. Here is the law that applies:

A. At the time that a written consent to adoption or permanent relinquishment is acknowledged by a biological...
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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: how may a US citizen and resident of Oklahoma, adopt an adult male (30 years old ) who is citizen of a foreign country?
Melissa  Webb
Melissa Webb
answered on May 23, 2019

Typically, adult adoptions are an easy process. The law requires the consent of the person to be adopted and the consent of the spouse of the person adopting. However, I recommend consulting with an immigration attorney.

2 Answers | Asked in Family Law and Adoption for Oklahoma on
Q: How can I get my son adopted by his Step Father.

He hasn't paid child support in years or seen him in a few years. His Bio dad said he would sign if that's what my son wanted, my son will be 15 this year. His biological dad is in jail in Texas and does reside there.

Kyle Persaud
Kyle Persaud
answered on Apr 30, 2019

If you have the biological father's consent, the stepfather may adopt the child (provided the stepfather meets the other requirements for adoption.)

If you do not have the biological father's consent, then, in order for the stepfather to adopt the child, you need to prove that...
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1 Answer | Asked in Adoption, Child Custody, Child Support and Probate for Oklahoma on
Q: I'm the guardian of my 2 nieces.The dad is the est. father of 1, not the other. Are visits reqr'd for the non est child?

He was told by judge that paternity needs to be done at his cost. It's been 8 months since hearing. The parents are not married and the mother was married to another man at time of conception. The mother's husband was not on child's birth certificate and does not claim child but the... View More

Kyle Persaud
Kyle Persaud
answered on Mar 16, 2019

Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.

If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the...
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1 Answer | Asked in Adoption for Oklahoma on
Q: How to get my daughter back if adoption is not final and father didnt sign consent

I signed consent but her father will not we want our baby back. How can we get her.. nothing has been finalized

Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

A consent to adoption may be revoked within 15 days after the consent is signed.

Other than that consent is irrevocable, unless you can show that:

"1. By a preponderance of the evidence that without good cause shown, a petition to adopt was not filed within nine (9) months...
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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: How can a false accused father under epo in Oklahoma get rights to his son?

I have aspergers, ADHD, autism, cerebral palsy. I am 29 years old I live in Oklahoma. I fell in love with a girl who has microcephaly. We both have drivers licenses, graduated high school, and can dress ourselves. She got pregnant and I found out her mom was abusing her so I went to legal aid... View More

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

If there is an EPO against you, then, the judge has probably set the case for another hearing.

Go to your next hearing. At the hearing, present evidence that you have never harassed the mother or the child.

For the mother and child to continue this protective order against you, they...
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1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: My son is from Oklahoma and has been put up for adoption.

He has now been adopted by a family member but Dad now wants the child paternity has not been established nor is he on the birth certificate can he get the child if he lives out of state.

Pete David Louden
Pete David Louden
answered on Dec 9, 2018

This is going to be fact dependant. Best answer is contact an Oklahoma attorney and fully explain what has happened up to this point and then they will be able to explain your options.

1 Answer | Asked in Adoption, Employment Law, Family Law and Sexual Harassment for Oklahoma on
Q: Foster parent mistreating their adopted 17 year old. Enslaving her to do his business for very minimum pay.

She gets up at 6am every morning and works till 6pm chopping wood all day making 4x4x8 stacks of wood. Only paying her $20 dollars per trailer. That is below labor laws. She had told me other things in the past that were disturbing and cried not to go back and she was reported runaway last July... View More

Jason Perkins
Jason Perkins
answered on Nov 8, 2018

If you feel that the child is being harmed you should contact DHS and speak with an attorney about what other options you have available.

2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: My husband and I were given a family friends 9 year old little boy Oct 2017 to live with us permanently and raise with

the option to be guardians or adopt. His great grandmother is his adoptive mother at this time, she is 73. He has been in my life since he was weeks old on a constant basis. I married in April 2017. When xxxx's daddy passed away, he was 3. He began receiving survivor benefits. Since living... View More

Pete David Louden
Pete David Louden
answered on Sep 12, 2018

This is too involved yo adequately address in this forum. You need to immediately meet with an attorney to review this situation and discuss your options.

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