Couples who wish to adopt a child seek the services of a family law attorney in Edmond, OK. The primary requirement in adoption cases is to determine whether the rights of the birth parents were terminated. In Oklahoma, these rights are either terminated by consent of the biological parent or the Oklahoma County civil court. Until 2010, all natural parents who lost these rights retained the right to continue contact with their children and were given limited visitation rights. This subcategory of Oklahoma State Statute 10A was abolished as it was no longer in the best interests of the child.
Termination of Parental Rights in Oklahoma County
The Oklahoma State Statute 10A, Section 1-4-904 dictates the reasons why parental rights are terminated. It equally states the restrictions that apply once these rights are eliminated. Termination ends the parent’s right to child custody, visitation, control over training and education, and the child’s earnings. He or she can no longer inherit any property or assets from the child. After termination, the court and prospective parents do not require consent for adoption.
When Rights are Terminated by the Court
DHS investigates all reports of abuse, abandonment, and other living conditions that place children at risk. The findings of the investigation determine whether the allegations are true and whether the county takes the child from their home. The Oklahoma court provides parents with a deadline for remedying any unsafe living conditions; failure to follow the court order results in termination of parental rights. A family law attorney in Edmond,OK is available for assistance in these matters.
The court terminates these rights when a parent is convicted of specific criminal acts. They include any sexually-based crimes such as molestation, rape, and murder due to heinous or shocking sexual abuse. Parents who are convicted of abuse, neglect, solicitation or manslaughter of a child, or conspiracy to commit the murder of a child lose their rights upon conviction. It is at the court’s discretion to determine whether it is in the child’s best interest, if a parent is incarcerated for any non-related crimes.
As permitted by the Oklahoma State Statute 10A, the district attorney has the authority to petition the court for termination of parental rights. The exceptions to this ruling are court consent for a relative to take custody of the child or the child is at least twelve years of age and objects to the termination.
