[shawnz95]

Ok, here is the situation. I have a friend that has a child with an ex-girlfriend. He pays child support to this child and he is supposed to get visitation also. That doesn't happen too often. Anyways, last year the mother had a horrible accident and they didn't think that she was going to live, so my friend was trying to get custody of said child and her family refused to let him even see child.

Well, mother is recovered as much as possible-she is on disability. The grandmother and her moved to Oklahoma and took child with her. Now, my friend hasn't seen his daughter in about a year and has no contact with her considering that he doesn't even know where she is. Now, mother has moved back to Kansas, without child. I guess she is planning on getting married and she wants her future husband to adopt the daughter. Does she have the right to do this considering that my friend pays support and would love to see his daughter if her and her family quit keeping him from her?? If so, how can he stop this attempt to adopt, and how can they do this without him knowing about it?? If anyone can answer these questions, I would be greatly appreciative. I want to help him out. He loves his daughter and it kills him that he doesn't get to see her and that her family is keeping her from him.

[paigeturner]

Your friend needs to hire an attorney ASAP to protect his interests.

[shawnz95]

He doesn't have the money for an attorney. He is living by the skin of his teeth now. Do you think Legal Aid would be able to help him out?? Does the mother have a right to do this and not tell him until after it happens??

[millie58]

the mother doesn't have the right to have someone else adopt the child without the father's consent. He does need an attorney. Good luck to him!

[Boulderbabe]

Your friend really, really, REALLY needs an attorney. Like now. He should check out Legal Aid. He could also call nearby law schools, and see if they have a law clinic that would take his case.

[c.a]

How long ago did the grandmother leave the state with the child? Oklahoma will have jurisdiction over the child once the child has been living there for six months. If your friend wants his home state to retain jurisdiction - he MUST file with the family court before the child has been away for six months.

Did the grandmother petition for custody or guardianship? If yes - your friend can petition the court to have the order removed. If your friend was not notified of the petition, that can be grounds to have the order reversed.

Some attorneys will do a legal consultation for free. He should at least go talk with someone- they may be able to point him in the right direction.

[c.a]

Originally Posted by millie58

the mother doesn't have the right to have someone else adopt the child without the father's consent. He does need an attorney. Good luck to him!

She doesn't have a right to . . . but she can lie to the Court. For example: the court requires notice to the father by delivering copies of the court filing to father directly. If mother says that she doesn't know where he lives the court may allow notice by pulication (in the newspaper). She can then lie again and give a false last know address - so the court will publish in a local newspaper just a few towns away where father is unlikely to see the notice. Then when he doesn't show up for the court date - his rights are terminated.