In the Matter of FB, Bhuiyan

Tulsa, Oklahoma family law lawyer represented the Defendant in a parental rights termination action.



The State moved to terminate Mother's parental rights, and a jury trial was set. Mother failed to appear for her jury trial. The trial court found that her failure to appear constituted a waiver of jury trial under Title 10A, Section 1-4-502. Over counsel's objection, the trial court held a nonjury trial in accordance with the statute, and Mother's rights were terminated. The Court of Civil Appeals affirmed. Mother claims the statute on which the trial court and COCA relied is unconstitutional. We vacate the COCA opinion. We find that the statute is constitutional, and remand to determine whether the record shows Mother had notice of the waiver provision.



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Reversed for determination of the notice given to the mother.