The Judge Looks at the Childs Best Interest
Video Transcribed:
What is the court standard, the legal standard for adoption in Oklahoma, I’m Tulsa Adoption Attorney, James Wirth, and we’re talking about adult adoptions and how you get those done. The standard is fairly broad, there’s a lot of discretion to the judge.
The standard is that the adoption is in the best interest of the parties involved. So best interest requirement we see a lot in family law usually relates to the best interest of the child. Lots of case law on that, lots of statutes related to the best interest of the child.
This is a little bit different because it’s in the best interest of the parties involved. So it’s not just the best interest of the person being adopted, but it’s also the best interest of the person adopting. Maybe it could be argued, it’s also related to the best interest of the spouse of the person adopting since their consent is required by statute.
Now, what is the best interest of the parties involved? Well, that’s going to be in the eyes of the judge and into the case law that kind of molds what that requirement is.
But because there’s not a lot of case law, it gives the judge a lot of discretion to look at all of the circumstances and to determine what the appropriate factors are to consider to determine the best interest.
So essentially what it is, is can you convince the judge that this is a good thing for the parties. And if you can, then the statute says the judge should go along with that because it’s in the best interest of the parties.
So if you are looking for a Tulsa Oklahoma Adoption Attorney, you’re going to want to talk to an Oklahoma Adoption Attorney about your specific circumstances, to schedule an appointment for that, you can go to makelaweasy.com.
