Legal Question in Family Law in Oklahoma
Parental Rights Termination while incarcenated
Can your parental rights be terminated if you are incarcenated? Name is on child's birth certificate, but child does not bare last name, have had contact with child off and on. There is no Court Order establishing parental status, no order to pay child support, child is seven years old, I have spent two years in prison, was released and now in jail again. Can they terminate my parental rights. I received notice in jail by regular mail. Can they hold hearing and continue with termination if I am locked up? Please respond to this question at your earliest convenience. Thank you in advance for your attention to this matter.
2 Answers from Attorneys
Re: Parental Rights Termination while incarcenated
Being incarcerated, in itself, is not grounds for termination of parental rights, but it doesn't prevent the courts from termination while you are incarcerated either. Since you have received notice that a proceeding is pending, you should seek to hire an attorney to have you bench warranted to appear at the proceeding if you are opposed to it. If you do not appear, it may be done by default without you. If you are in agreement to have your parental rights terminated, you may sign a voluntary relinquishment of parental rights. The name on the birth certificate does not matter. DNA tests can prove the biological father.
Re: Parental Rights Termination while incarcenated
Yes they can.
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