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:
It will be a matter of subjective determination for the court, based on all the circumstances involved. The deciding factor for the court is the best interests of the child. A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, or the parent is convicted an a child abuse offense. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support.
Termination of parental rights will typically end the obligation for child support at that point, but not erase liability for past due support. Often, relinquishment of parental rights will not be allowed if done for the purpose of avoiding child support payments.
Please see the following OK statute:
The following is a TX statute:
§ 161.005 FAM. Termination When Parent is Petitioner
(a) A parent may file a suit for termination of the petitioner's
parent-child relationship. The court may order termination if termination
is in the best interest of the child.
(b) If the petition designates the Department of Protective and
Regulatory Services as managing conservator, the department shall be
given service of citation. The court shall notify the department if the
court appoints the department as the managing conservator of the child.
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.
