When Parental Rights Can End Legally
Let’s talk about parental rights—and more specifically, when and how they can be terminated.
Hi, my name is Carl Birkhead. I’m a Tulsa family law attorney with the Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years, and I want to help make the law easy by explaining what it really takes to terminate parental rights.
Common Scenarios in Custody Cases
This question comes up often in custody cases, whether in divorce or paternity proceedings. A client might say, “I just wish they’d sign their rights over,” or sometimes, “I just want to sign my rights away and be done with it.” I understand the frustration.
Co-parenting with someone difficult can be overwhelming, and long custody battles can leave you wanting to throw in the towel. But it’s not as simple as just signing your rights away.
Legal Requirements in Oklahoma
Under Oklahoma law, a parent can’t voluntarily give up parental rights at will. Termination of rights usually requires DHS involvement—or, outside of DHS, someone else must be willing to step in and adopt the child.
The reasoning is that Oklahoma law wants every child to have two parents whenever possible. So, if one parent steps away, another person must step in to take on that responsibility.
Alternative Arrangements and Considerations
That doesn’t mean there are no options. In some cases, parents agree to minimal or even no visitation, or to visitation by agreement or at the child’s discretion if they’re old enough. These arrangements can help reduce conflict without fully severing parental rights.
It’s important to remember that parental rights are strongly protected under both Oklahoma and U.S. law. Once lost, they are extremely difficult—if not impossible—to regain. That’s why I always caution clients to think carefully before pursuing termination. We’re not just talking about a case; we’re talking about your child and your future relationship with them.
Take the Next Step: Schedule a Consultation
If you’re considering this path or want to know your options, give me a call. We’ll sit down, review your situation, and determine the best way forward.
My name is Carl Birkhead, and I’m a Tulsa child custody attorney with the Wirth Law Office. And I want to help you make law easy.
Call now for a low-cost initial strategy session at 918-879-1681. Let’s explore your options together.
