Legal Question in Family Law in Oklahoma

Re: Child Abandondment and Adoption

Okla statutes provide (in part) that consent to adoption is not required from a parent who, for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption of a child ... has willfully failed, refused, or neglected to contribute to the support of such minor:

1. In substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount, and manner of support; or

2. According to such parent's financial ability to contribute to such minor's support if no provision for support is provided in an order.

...

Furthermore, Okla statutes also provide (in part) that consent to adoption is not required from a parent who fails to establish and/or maintain a substantial and positive relationship with a minor for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption of the child.

Proper notice to your son's father must be given, but upon proof of facts supporting the statutory requirements the court can order the adoption without the consent of your ex-husband.

Because these types of cases are very fact specific, and because the courts are very protective of parental rights, you will need to discuss your particular situation with your attorney to properly evaluate your chances of success.