Full question:
my son is incarcerated at the moment (violation of protective order and stalking via telephone) he is due to be released soon we've been told but the protective orders deny him contact with his children until 2013. The children are 4 and 5 yrs old now. he has not seen or spoken with them for over a year now. in the best interest of the situation, both for him and the children, he needs to terminate his rights as a father. the mother refuses to agree. do we have any other options? when he is released, he will be relocating to Texas to reside with me and his stepfather. I reside in TX but the problems are based in OK so OK law would be what was needed. thank you
- Category: Paternity
- Subcategory: Termination of Parental Rights
- Date:
- State: Oklahoma
Answer:
Termination of parental rights can occur through voluntary relinquishment or judicial termination. A court will consider the best interests of the child when making this decision. For judicial termination, evidence must show that the parent is unfit or poses a threat to the child. This may include proof of conduct that endangers the child's well-being or a conviction for a child abuse offense.
If the court finds sufficient evidence, it may terminate the parent-child relationship, which ends all rights and obligations, including custody, visitation, and child support. However, termination does not erase past due support obligations. Courts are generally hesitant to allow relinquishment of parental rights if it appears to be an attempt to avoid child support payments.
In Oklahoma, the relevant statute outlines these processes, while in Texas, a parent can file a suit for termination if it serves the child's best interests (Tex. Fam. Code § 161.005). Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.