If I want my daughter’s “father” to sign over his rights, what do I need to do to get this process started?

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If I want my daughter’s “father” to sign over his rights, what do I need to do to get this process started?

Asked on January 10, 2013 under Family Law, Oklahoma

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you already have a set of custody orders in place, then you would file an agreed motion to modify.  You would then follow the motion with an agreed modification order whereby he signed an order which allowed you to be granted full custody of your daughter.

If you do not already have orders in place, you would utilize a similar process-- but instead of filing a motion to modify, you would file an original custody petition.  In the petition you would allege that you are mom, that he is dad, and that you and he have already reached an agreement regarding custody.  You would then follow-up with an agreed order which set out your agreement, namely giving you full custody. 

You are not required to have an attorney help you, but a family law attorney could help you with at least the preparation of the documents that you needed-- even if you decide to represent yourself during the process.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order for a parent to sign over his or her parental rights as to a minor child there needs to be a formal adoption agreement drafted preferably prepared by a family law attorney subject to a court order of adoption after a hearing. Based upon what you have written, your daughter's father under public policy grounds cannot simply give up his parental rights to another parent under the laws of all states in this country.


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