Monroe, LA asked in Family Law and Child Custody for Louisiana

Q: How can I have my son's dad's rights stripped from him?

I was awarded sole custody of my son in 2018. His father hasn't seen him since 10/17 & hasn't called or tried to contact him since 12/28/17. He owes $13,450.03 in back child support (won't go up again until Sept) & has only made 6 payments since he was court-ordered in 2016. 3 June '18 & 3 June '19. He was ordered to pay a certain amount by 8/31/19, but still hasn't made an attempt, and won't. He won't tell anyone where he works, lives, or anything. I have sole custody with supervised visitation at my discretion every other weekend. I'd much rather just have his rights stripped, but I'm not sure how much longer I have to wait or how to go about it. He makes deals with the state but never keeps up with them. I don't want anyone to adopt him, I just want his biological dad's rights taken away & I want to change his last name to mine, if possible. The last name is not as big of a deal as the rights being taken away are...that would just be a plus for me.

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1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Divorce Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: You can't "strip" his rights unless your subsequent husband adopts him. You can't change your child's name, unless he consents.

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