What is Abandonment in Oklahoma?
Oklahoma law has no specific or uniform definition of the term "abandon" in regard to children. In Oklahoma, the Oklahoma Abuse and Neglect Code, okla. Stat. tit. 10, § 7001-1.3 and § 7006-1.1(19), defines "abandonment" as including:
• Failure or omission to provide, undertake or assume care for a child.
• Failure or omission to communicate with a child in a meaningful manner.
• Failure or omission to visit a child.
• Failure to maintain regular visitation with the child.
• The neglect or refusal of a parent to exercise parental rights or perform parental duties concerning the child for a period of at least six (6) months immediately preceding the commencement of the action to terminate parental rights.
• Pregnancy and/or childbirth under circumstances which constitute child abuse pursuant to this title.
• A mother’s substance-abuse problem that was a factor in the child’s birth being a drug exposed newborn, or in the child connecting a positive toxicology screen at the birth hospital; or
• A father’s substance-abuse problem that was a factor in the child being born without an identified father for paternity testing within the first month after the child’s birth, or in the child connecting a positive toxicology screen at the birth hospital.
More succinctly , abandonment consists of the coupled factors of:
• Desertion of a child; and
• Intention to wholly disregard parental responsibilities.
"…[A]bandonment of a child is a matter of intention, it is essential that such intention be determined in the light of all the facts and circumstances surrounding the case. Of necessity, the definition of abandonment must recognize the specific and peculiar circumstances of each individual case."
The abuse and neglect code, okla. Stat. tit. 10, § 7006-1.1(19), further explains what may constitute abandonment:
"… A parent’s conduct in refusing or failing to visit, communicate with, or contribute to the maintenance, welfare or upbringing of a child who has been removed from the home shall be prima facie evidence of willful intent to abandon the child. Missing from a child’s life, when combined with other evidence, shall be prima facie evidence of willful intent to abandon the child. For the purposes of subsection C of Section 7006-1.2 of this title only, a work record, employment record, government agency record, school record, hospital record, or witness testimony showing failure or inability to contribute a reasonable sum of money shall raise a rebuttable presumption that a parent has willfully failed to contribute substantially to the child’s support that is not de minimis."
"Failure of a biological parent to pay child support alone does not constitute abandonment."
Oklahoma Laws and Penalties for Child Abandonment
Under Oklahoma Statutes § 10A O.S. § 1-4-904, a person is guilty of abandonment of a child when that person: A person upon whom the duty or responsibility for care of a child is imposed shall be guilty of abandonment of a child when, having notice that the child is abandoned, he or she: Abandoning a child is a felony punishable by imprisonment for a term of incarceration for not less than one (1) nor more than ten (10) years (Oklahoma Statutes § 10A O.S. § 1-4-904). Abandonment of a child is often a charge in child neglect cases as well.
Abandonment of Property – Rights and Responsibilities
The concept of abandonment in property law is more expansive than the common definition of simply leaving behind or forsaking something. In the context of property law, abandonment means a voluntary relinquishment of all rights, title and interest in and to property and a refusal to reclaim it. To constitute an abandonment of property, there must be a physical act and an intent not to resume possession. Under Oklahoma law, the abandonment of property by a person does not affect the title of that property while the owner of that title remains competent to assert it. However, when the owner’s capacity to assert ownership over the property ceases, it becomes abandoned.
The owner of property who has made a voluntary change in its condition, or has purposely thrown the property into such condition or made such a use of it as to render it valueless to himself, cannot recover it thereafter, and his property is deemed abandoned. An owner of property cannot divest himself of his interest in property by abandoning it because a mere intention to abandon property does not confer title on anyone until the abandonment is consummated by relinquishment of possession and by vesting the right of possession and dominion over the property in someone else. There is authority for the proposition that where an owner retreats from a possession of vacant land, abandoning the possession but not abandoning the title, the title remains in him, and his title will be good against the world until he voluntarily parts with it in some way.
Marital Abandonment
Abandonment, in the context of a marital relationship, is somewhat distinctive from other situations in which this sort of conduct occurs. If one spouse can show that the other spouse has abandoned them, they may be able to have an even more advantageous divorce settlement through the legal and equitable power of the Oklahoma courts.
The Oklahoma Divorce Code specifically defines "abandonment" as "desertion," and gives the following legally operative definition for the purposes of a divorce: "the unjustified and absolute withdrawal by one spouse of the love and affection suitable to and expected in a marriage."
Abandonment can take three basic forms in a marriage: Marital abandonment can even occur through something as simple as a lack of communication and care for the other party. If one spouse goes long enough without communicating or attempting to communicate with the other, without a sufficient explanation, it may be possible to claim marital abandonment.
What are the Effects of Abandonment in the Divorce Process? Oklahoma courts utilize "fault-based grounds" to determine which spouse is entitled to what property and what portion of the marital estate each is able to claim after the divorce.
It is possible to demonstrate through legal evidence that one party to the marriage is at fault, or partially so, for the dissolution of the marriage . If this is true, the court may make an unequal division of the property in a way that compensates the wronged party. At that point, these individuals have the right to a trial by jury to determine the degree of this property division.
However, utilization of these "fault-based" standards is not common in Oklahoma. Any claims for grounds for divorce must be satisfied before the equitable division can be determined by the courts.
What Are the Consequences of Abandonment? Under Oklahoma state law [43 O.S. § 123], if a spouse has been abandoned for one year or more, they have the right to pursue a legal divorce without their partner present. In this case, the court will still hear the case and make a ruling, but that spouse does not need to be notified of the court’s proceeding. This is called a divorce "in absentia."
In this situation, the court will distribute the marital assets in the same way as if both spouses were present.
There are many factors that go into an equitable distribution of the property in a divorce, and exactly how much of an impact a spouse’s abandonment will have in the process will vary based on individual circumstances. But it is safe to say that these specific types of actions can produce a favorable outcome for the victim of the abandoned.
What to Do if You are Abandoned
So what do you do if you face an abandonment issue? There are different steps depending on what you are abandoning.
Getting divorced from your spouse
In the case of marriage, where one spouse is attempting to abandon the other, the solution is to immediately file for divorce. A divorce is not a legal abandonment. It is a legally acceptable divorce of a marriage. You will need to gather all documents pertaining to the marital assets (or debts), and hire a divorce attorney to handle the process. A divorce is not a legal abandonment, but it is a legally permitted termination to a marriage.
Property abandonment and foreclosure
If your house has become foreclosed, you still have some options. You can still renegotiate with the bank, or contact a housing group to help you find a way to remain in your home and work out a payment plan. You can also consider selling the home with a real estate attorney, and may still receive some money for the property, even if it is upside down. At the very least, foreclosure could preserve your credit, which can allow you a chance to start over again.
Child abandonment
Abandoning a child is different, as it all depends on whether the abandonment is alleged or a voluntary abandonment. In either case, the parent who feels that he or she is the victim of abandonment must immediately file for a divorce, and custody of the children. Courts do not look kindly upon abandoning parents, and it can change an otherwise amicable divorce into a contentious battle over the children.
There are generally three components to abandonment:
These situations are very serious, but fortunately, most divorces are not criminal abandonment, but rather a legally permitted divorce. If your spouse simply chooses to leave or file for divorce, however, the best solution is to hire a divorce attorney to handle the filing.
Resources and Legal Help
Navigating the complexities of abandonment laws in Oklahoma can be overwhelming. If you find yourself entangled in an abandonment allegation, it’s essential to have an experienced attorney on your side. They can help you understand your rights, the potential legal ramifications, and the best strategies to defend your case.
In Oklahoma, parents facing child abandonment issues can reach out to various resources for support and assistance. The Oklahoma Department of Human Services offers information and resources on their parent helpline at (800) 522-2230. Additionally, local family courts may provide resources such as family law information pamphlets, court calendars , and a list of community resource centers. Your attorney will also have these resources at their disposal to help you in your time of need.
For those considering relinquishing their parental rights, it is crucial to understand that doing so can permanently sever family ties. Individuals in this situation should seek legal advice. The Oklahoma Guardianship Center is a nonprofit organization that provides free legal services in certain cases. Children’s rights organizations, both in Oklahoma and nationally, can be additional resources as well.
No matter the circumstances, residents of Oklahoma have access to legal resources to address their concerns regarding child abandonment.