I have guardianship of my niece/nephew.I have had them both physically in my custody for 1yr 2mths now.I have received no financial help from either parent.The Mother saw them both in May and hasn't seen them or even attempted to see them since.It's been even longer for the Dad.Neither parent have completed any of the standards for parents set by the judge nor do they check in with me to even ask about the kids.My niece is 16 and nephew 14.One of the grandparents suggested I file to terminate parental rights since neither parent is interested in being involved.I should say, the Mom at least texts my nephew; however, she texts him in the middle of the night on school nights, and keeps talking to him about him going to live with her as soon as she gets a place.She's been "getting a place" for a yr now.Although she texts him she really only talks about herself and never mentions wanting to see him.My niece really doesnt want anything to do with either parent as it stands.Would it be best to wait for my review to ask to terminate or is it even something the judge would consider?
There are only two ways to terminate parental rights in Oklahoma.
1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.
This communication does not create an attorney/client relationship and is not legal advice. ALWAYS conduct a detailed in-person consultation with an attorney before taking any legal action or making any decision that could impact in any way your legal matter.
As Mr. Louden pointed out, there's no private right of action to terminate a parent's rights in Oklahoma--no private party can sue another private party to relieve them of their parental rights. However, the court may be able to review its custody and support orders during or prior to the next annual guardianship review, and you do have a right to move the court to enforce its support order.
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