Q: how much time has to pass with my daughters father abandoning her before his rights are forfeit?
He abandoned her in 2012 by moving out of state with no notice. Has large amount of back pay for child support. Showed up at our new home in New Orleans in January 2014. I let him see her during the day while he was here for two days. He left and has not tried to see her since. It's been over 3 years.
A: A parent's rights are not automatically terminated under Louisiana law. However, one's parental rights can usually be terminated under two scenarios: first, by the state in a "child in need of care" proceeding when the parent either has committed a crime where the child is the victim (ie. molestation, rape, etc.) or has failed to work the state's reunification plan; or second, in an adoption proceeding where the parent has either failed to communicate with the child without just cause or has failed to comply with a judicial order of support for a period of 6 months. In your scenario, for example, the father's consent would not be required if your husband wanted to adopt the child. Give me a call, and I'll be happy to discuss your options further.
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