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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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my boyfriend is in prison in oklahoma. he has been incarcerated

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my boyfriend is in prison in oklahoma. he has been incarcerated for 3 1/2 years. his babys mothers mother has custody of his 4yr old daughter and is adopting her march 6th my boyfriend has never gave his concent. she says he hasnt tried to contact his daughter since hes in prison and that is not true....he just got the papers about this last week. waht can i do to help him?
The situation is that a court will find that you boyfriend has abandoned the child while in prison and is therfore subjec to lsoing his parental rights.

Termination of parental rights can be accomplished if the parent fails to establish and/or maintain a substantial and positive relationship with the child for a period of six (6) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for termination of parental rights. For purposes of this paragraph, "establish and/or maintain a substantial and positive relationship" includes, but is not limited to:

(1) frequent and regular contact with the minor through frequent and regular visitation and/or frequent and regular communication to or with the child, and

(2) the exercise of parental rights and responsibilities.

Incidental or token visits or communications shall not be sufficient to establish and/or maintain a substantial and positive relationship with the child;

3. A finding that the child is an abandoned infant;

There is not much that can be done unless there has been some visitation with the child while in prison.


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


Customer: replied 7 years ago.
he cannot visit with her because her grandmother wont allow her to go to a visit witch is understandable because he is in prison. i dont understand how this can happen he trys his best to contact her by sending present for holidays and birthdays but the grandmother just sends them back. so when he gets out will he be able to have a chance when fighting for custody?
He can challenge the grandmother's request for custody but it is unlikely the court will stop the adoption. Once the adoption is complete it will be all but impossible for any visitation without grandmas approval.

The 4 year old has not seen his father since he was 6 months old. The court is bound to act in the best interests of the child. A permanent stable relationship with a nurturing family is going to to be an insurmountable hurdle for your boy friend. The child's mother can also stop the adoption, perhaps you could speak to her.


If this answer was helpful please press ACCEPT so I may be paid.

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
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