Legal Question in Family Law in Oklahoma
Taking Away Father's Rights
My ex-boyfriend and I have a 5 month old child together, and I feel that it is in the best interest of the baby that his father no longer have rights to him. This guy is abusive(I haven't pressed charges because I'm scared he'll come after me when he gets out of jail), has a record for doing drugs, and doesn't pay child support. I believe, but am not sure, that since we weren't married when the baby was born that I already have full custody. How do I go about stripping all of his father's rights? What do the courts look for in a case like this? Is it easier to just have him taken off the birth certificate?
1 Answer from Attorneys
Re: Taking Away Father's Rights
You are correct that without a court order in place and with the child born out of wedlock, you have custody by law. Either he or you would need to file a Petition for Paternity to establish visitation, or lack thereof. You can move to terminate parental rights but only under certain limited specific circumstances. You also can establish a child support order through Oklahoma Child Support Enforcement.