My daughter has never had an unsupervised visit with her father (she's 8) due to drug use. I have full custody. He has off and on had contact with her from age 2-7 (much more off than on, I have calendars showing dates and times of all visitations). Last court date (he requested), he was a no show. Over the past 2 yrs, he has expressed wanting to sign his rights away-I have proof; however, my atty states that is not an option in OK. My boyfriend, her 'real dad' since age 2, was willing to adopt her (we have another child together, age 4), but that was shot down because we weren't married. Married or not, he and I have TWO kids together and he will always support and guide my oldest too The biological father has made no attempt to contact or financially support since Oct 2015 and makes no attempt to have a meaningful relationship with my daughter. Both were scarce prior to that date as well. He is a revolving door father, coming and going at his convenience with no regard to her emotional status. I do not talk poorly about him to my kid, I encourage her to keep him in her heart, but that his brain just doesn't work right and she can be mad. I'm honest. How do we get away?
The court is unlikely to ever approve a boyfriend as an adoptive father.
Your child's father doesn't win nomination as father of the year, but what you describe is also not going to support an effort to try and see his rights terminated
Your attorney is correct. Short of the state terminating parental rights due to the parent being unfit, adoption is the only legal way to terminate parental rights in Oklahoma. It may not seem right or fair but if you want to terminate the parental rights of children's biological father (and the state won't) and you want your boyfriend to adopt your children (or only one child), here are the legal steps you will need to take (in a nutshell):
1. Be married to your boyfriend. No other way around this.
2. Hire an attorney to file an adoption petition and represent you through all the steps it takes to accomplish the adoption. There are many. It is not a do-it-yourself project.
3. Either get consent from the biological father for his parental rights to be terminated and for the adoption to occur or proceed with a hearing for the biological father's parental rights to be terminated in the adoption case and serve him with legal notice of the proceedings. If the Judge sees that the biological father received notice but doesn't show up for the hearing, the Judge may sign the Order to terminate parental rights of the biological father. If the biological father shows up at the hearing and contests the adoption, then the adoption is likely dead in the water.
4. Finalize the adoption. You will need to have been married for a year at the time the adoption is finalized.
This is not legal advice. There is no established attorney/client relationship between us. Talk an attorney licensed in your state for formal legal advice on this matter.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline