This form is a generic affidavit that may be referred to when preparing an affidavit of a mother of a child for constructive service of the father who deserted the mother and abandoned their minor Child.
Title: Oklahoma Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child Introduction: In cases where a father has deserted the mother and abandoned their minor child in Oklahoma, the mother may file an Affidavit for Constructive Service. This legal document serves as evidence of the father's abandonment and allows the court to proceed with the legal process without his physical presence. This article will discuss the details and types of Oklahoma Affidavits by Mother for Constructive Service, emphasizing the importance of this document in protecting the rights and well-being of the mother and the abandoned minor child. 1. Purpose of Oklahoma Affidavit by Mother for Constructive Service: The primary purpose of an Oklahoma Affidavit by Mother for Constructive Service is to initiate legal proceedings against the father who has deserted the mother and abandoned their minor child. It provides the court with evidence of the father's abandonment, allowing the legal process to move forward. 2. Importance of Constructive Service: Constructive service allows the court to proceed with a legal case even when the defendant (father) cannot be physically served with the legal documents. In cases of abandonment, where the father's whereabouts are unknown, or he intentionally evades service, constructive service ensures that the rights of the mother and the child are protected and that the legal process can progress. 3. Required Information in Oklahoma Affidavit by Mother for Constructive Service: The affidavit must contain specific information to support the claim of abandonment and to enable the court to proceed with constructive service. This includes: — The mother's and child's details: Full names, contact information, and addresses. — The father's details: Full name, last known address, and any known personal information. — Documentation: Any evidence to substantiate the claim of abandonment, such as emails, text messages, witness statements, or photographs. 4. Different Types of Oklahoma Affidavit by Mother for Constructive Service: a. Oklahoma Affidavit by Mother for Constructive Service with Last Known Address: This type of affidavit is used when the mother has knowledge of the father's last known address, but he cannot be located or refuses to accept legal documents. b. Oklahoma Affidavit by Mother for Constructive Service with Unknown Address: This type of affidavit is used when the mother has no knowledge of the father's whereabouts and attempts to locate him have been unsuccessful. 5. Supporting Documents for Oklahoma Affidavit for Constructive Service: To strengthen the claim of abandonment, the mother may consider attaching supporting documents to the affidavit, such as: — Proof of previous attempts to locate the father: Records of private investigators, correspondence with family members or friends, or any other relevant documents. — Evidence of abandonment: Written communication, financial records, or witness statements indicating the father's lack of involvement in the child's life. Conclusion: The Oklahoma Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child is a crucial legal document that allows the court to proceed with a case even when the father's physical presence cannot be obtained. It serves to protect the rights and well-being of the mother and the abandoned minor child, ensuring that legal proceedings can progress in the best interest of the family. It is important for the mother to provide accurate and comprehensive details in the affidavit, along with supporting documents when available, to strengthen the claim of abandonment and to facilitate constructive service.
