PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLA., JULY 16, 2006.
IN THE DISTRICT COURT
OF ROGERS COUNTY
STATE OF OKLAHOMA
In the Matter of the Adoption of: Lilianna Kay Luther, DOB: 4/22/2005, Minor Child.
Case No. FA-2006-53
ORDER and NOTICE OF HEARING TO ADOPT WITHOUT CONSENT and PERMISSION to PUBLISH SAME
The State of Oklahoma to: Richard Luther, natural father, a/k/a Richard Olen Luther a/k/a Richard O. Luther, II a/k/a Rich Luther
You are notified there has been a Petition of Adoption filed before the above named Court, praying that the Petitioners be allowed to adopt the minor named in the caption hereof without your consent, and for adoption.
Take notice that the Application to determine your consent not necessary for the completion of this adoption is on file with the Clerk of this Court; that a copy of the Application is attached thereto, and that, among other things, it is alleged in the Application that:
a. Pursuant to 10 O.S. § 7505-4.2 (B)(2) that for a period of 12 months next preceding the filing of this action, the natural Father has failed, refused and neglected to pay the support substantially in accordance with the orders in JD-2005-90 (or commensurate with income) and that he failure was willful and/or,
b. Pursuant to 10 O.S. § 7505-4.2 (H) the natural father has failed to establish and/or maintain a substantial and positive relationship with the child for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for termination of parental rights.
Therefore, your consent to this adoption is not necessary, and that petitioners are proper persons to adopt, and due diligence has been shown to notice.
A hearing on the Application to determine whether your consent to the adoption is necessary is set for 9:00 o’clock a.m. on the 11th day of August, 2006, in the Third Floor Courtroom, in the County Courthouse of Rogers County located at 219 W. Missouri St., in the City of Claremore, State of Oklahoma, before The Honorable Dynda Post.
YOU ARE, THEREFORE, NOTIFIED THAT THE COURT WILL HEAR EVIDENCE IN SUPPORT OF AND IN OPPOSITION TO THE GRANTING OF THE APPLICATION AT THE TIME AND PLACE ABOVE SHOWN WHERE YOU WILL HAVE THE RIGHT TO BE PRESENT AND AN OPPORTUNITY TO BE HEARD AT SAID TIME AND PLACE INCLUDING THE RIGHT TO OBJECT TO THE ADOPTION OF YOUR CHILD. YOUR FAILURE TO APPEAR AT THIS HEARING SHALL CONSTITUTE A DENIAL OF YOUR INTEREST IN YOUR CHILD WHICH DENIAL MAY RESULT, WITHOUT FURTHER NOTICE OF THIS PROCEEDING OR ANY SUBSEQUENT PROCEEDINGS, IN YOUR CHILD’S ADOPTION WITHOUT YOUR CONSENT THEREBY ULTIMATELY TERMINATING YOUR RIGHTS TO YOUR CHILD IN ACCORDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA.
Dated this 13 day of July, 2006.
s/ Dynda Post
The Honorable Dynda Post
Judge of the District Court
Leslie A. Ellis Kissinger, OBA #11295
P.O. Box 1530
321 W. 1st St.
Claremore, Oklahoma 74018-1530
Attorney for the Petitioners