• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

parental rights question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mommyagain

Junior Member
undefinedWhat is the name of your state? Oklahoma. My sister is mentally ill and her husband was also. She has been in and out of mental institutions and has had 4 children - 1 child, 22 years old (my mother (deceased) raised since the child was 3; 2 other children the court took parental rights away (her and the husband) -- my brother adopted these two children. She had another child two years ago and called while at a mental hospital getting ready to give birth. She asked would I take the child, that she didn't know who the father was. I said yes and went to California to get the child. I have had the child for over 2 years since birth. Question is, since her parental rights were terminated, does she have any rights to this child and how do I go about adopting this child? :confused:
 


BelizeBreeze

Senior Member
mommyagain said:
undefinedWhat is the name of your state? Oklahoma. My sister is mentally ill and her husband was also. She has been in and out of mental institutions and has had 4 children - 1 child, 22 years old (my mother (deceased) raised since the child was 3; 2 other children the court took parental rights away (her and the husband) -- my brother adopted these two children. She had another child two years ago and called while at a mental hospital getting ready to give birth. She asked would I take the child, that she didn't know who the father was. I said yes and went to California to get the child. I have had the child for over 2 years since birth. Question is, since her parental rights were terminated, does she have any rights to this child and how do I go about adopting this child? :confused:
You said your brother adopted the two children for which the court took away parental rights. Therefore, this child HAS a mother. You would first need to file a Termination of Parental rights action pursuant to adoption.

A TPR does not follow the parent, it follows the child and cannot be transfered to a child not a party to the action.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top