Baton Rouge, LA asked in Adoption, Child Custody and Child Support for Louisiana

Q: Can I get my child's father's rights terminated and have my husband adopt her?

We have a custody agreement in place which he gets her every other weekend. But that's the only communication he has with her. He doesn't ask about her any other time he just gets her so we can stay out of court. He is on child support but doesn't pay any of it and is behind 15,000 as of now. He hasn't contributed anything for her in like 6 months. Do we have grounds for my husband to adopt her? We recently got married but he's been providing for her for 4 1/2 years. Bio father says he shouldn't have to provide since she lives with me and he quit his job so that he wouldn't have to pay child support. I've been going back and forth to CS court trying to get him to take care of her financially but he's running from being served. Step dad wants to adopt.

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

A: Why haven't you gotten a private process server and served him with contempt?

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

A: Once you and your husband have been married for 6 months, you can file to have him adopt without the father's consent, if he has failed to comply with the court order of support for over 6 months.

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