Lafayette, LA asked in Adoption and Child Custody for Louisiana

Q: My daughter is 15 years old currently lives with me. I am on her birth certificate. How do I get full custody as a dad?

She lived with her mom until about 2 months ago. Her mom does not want to be responsible for her any longer and wants off of her birth certificate. Her mom also wants my wife and me to adopt her. As her father, I do not see why I would adopt my own child. Her mom states that if I do not adopt her than she has to move back in with her. My question is does she have to right to make her move back in, and would I need to adopt my own child? Is there any advice that you have on what to do about his whole situation. Thanks

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2 Lawyer Answers
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Family Law Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: While you would not have to adopt her, you and her mother would have to consent to your wife adopting. An intrafamily adoption is a fairly simple and affordable process. An attorney that handles adoptions can fill you in on the process and costs.

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

A: You do not have to adopt. Your wife can adopt if the biological mother consents, hasn't paid support or seen her daughter for 6 months. The biological mother cannot make the child move back in, unless there is a judgment giving her custody. You need to hire an attorney to either: 1) establish original custody, 2) file for a change of custody, 3) or to represent you and your wife in an adoption.

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