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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 855
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My son and s wife adopted three children five years or so

Customer Question

My son and his wife adopted three children five years or so ago. They have now divorced and ex wife is remarried. She wants my son to give up his parental rights What is the process in Oklahoma
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure what particulars info would u like? The relationship between the two adults has continued to be less and less civil. She thinks it would be in the best interest of the children. My son is engaged and they are expecting a child
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Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

Either parent can initiate the proceeding to terminate, but it's not likely to go through unless ex-wife's new spouse is willing to adopt the children as his own (step-parent adoption). The step parent adoption process is not as arduous as a non-parent adoption, but it's still a court proceeding, and the court must find that it's in the best interest of the children to be adopted by the step parent.

Judges must consider the best interest of the children here. A Judge might consider that children that have already been adopted should not have to go through the process again. So it doesn't necessarily matter that the exwife thinks it's in the children's best interest, the Judge has to agree with her. Your son doesn't have to give up his rights, and frankly, ex-wife probably has very little grounds to insist that he do so. Most terminations have to either be voluntary or there must be some compelling reason to terminate the dad's relationship (drugs, crime, abuse, etc).

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