Divorce w/ minor children, but my rights were terminated on the child in question

[laci.tank1]

I'm in OK, and my divorce is labeled Divorce w/ minor children, but my rights were terminated on the child in question. I have no idea where he is located. Since my rights have been terminated on said child can I have it changed to a divorce without minor children? Even tho his rights haven't been terminated yet.

 

[Just Blue]

I'm in OK, and my divorce is labeled Divorce w/ minor children, but my rights were terminated on the child in question. I have no idea where he is located. Since my rights have been terminated on said child can I have it changed to a divorce without minor children? Even tho his rights haven't been terminated yet

Huh? How did your rights come to be terminated...for what reason?

 

[adjusterjack]

And by whom, or what? Court? Something else?

Besides, doesn't matter what your divorce is "labeled" as. What matters are the pleadings and the decisions made by the parties and the judge and what appears in the decree.

 

[stealth2]

I'm in OK, and my divorce is labeled Divorce w/ minor children, but my rights were terminated on the child in question. I have no idea where he is located. Since my rights have been terminated on said child can I have it changed to a divorce without minor children? Even tho his rights haven't been terminated yet

If Dad maintains rights to the child, I suspect it stays as a Divorce W/Minor Children. That could change if he is also stripped of parental rights.

 

[laci.tank1]

Huh? How did your rights come to be terminated...for what reason?

Because it's supposed to be a familial adoption my cousin is adopting her two days after I delivered her I signed my adoption papers and my cousin is supposed to be getting me the copies of where I signed and where it is showing that my rights have been terminated

 

[laci.tank1]

And by whom, or what? Court? Something else?

Besides, doesn't matter what your divorce is "labeled" as. What matters are the pleadings and the decisions made by the parties and the judge and what appears in the decree.

But here's the problem because he has not signed his adoption papers his rights have not been terminated I am currently unable to get my divorce because in the state of Oklahoma you cannot get divorced until an adoption is finalized. But with me already having my end of the adoption done my rights being terminated wouldn't I be able to withdraw the original divorce and instead of it being divorce with minor children could I not file it as divorce with no children

 

[laci.tank1]

If Dad maintains rights to the child, I suspect it stays as a Divorce W/Minor Children. That could change if he is also stripped of parental rights.

But my question is since my rights have already been terminated can I not withdraw the current divorce filing and filing new divorce

 

[laci.tank1]

But my question is since my rights have already been terminated can I not withdraw the current divorce filing and filing new divorce

And file it under divorce with no children since legally I do not have any children with Mr sellers

 

[Just Blue]

Because it's supposed to be a familial adoption my cousin is adopting her two days after I delivered her I signed my adoption papers and my cousin is supposed to be getting me the copies of where I signed and where it is showing that my rights have been terminated

Did a court terminate your rights or have you just signed the paperwork but it hasn't been processed? As you describe your situation, the adoption hasn't been finalized and therefore you still have your rights. Just signing the TPR paperwork doesn't terminate your rights...it had to be signed off by a judge.

 

[Just Blue]

@Ohiogal @Taxing Matters

I tagged a couple of the attorneys that volunteer here to assist you.

 

[adjusterjack]

But my question is since my rights have already been terminated can I not withdraw the current divorce filing and filing new divorce

That's the problem. You're way ahead of yourself. Your rights haven't been terminated until the child is adopted. The child is not adopted until the father signs the adoption papers. And even then nobody loses any parental rights until the judge makes it a court order.

If you want to proceed with the divorce now, it's a divorce with minor children. Since it's going to take months for the divorce anyway, there is plenty of time to amend the complaint when the adoption is final.

 

[Just Blue]

And file it under divorce with no children since legally I do not have any children with Mr X
(edit to filing link)

Not a very bright idea to post your personal information on the internet.

 

[Just Blue]

Laci...Stop posting your personal information. The 3 posts where you posted the link to your court papers with un-redacted identifying information has been reported, after Admin edits out the links those postings will be returned to your thread.