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Louisiana Adoption Questions & Answers
1 Answer | Asked in Adoption and Child Custody for Louisiana on
Q: How can my brother get full custody of his kids if his kids mother is deceased?

My brother girlfriend died in March, he’s not on his kids birth certificates but he has the kids and I’m helping him. How do I go about legally adopting them or help him get full custody (either one would work for us)

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 5, 2020

He needs to hire a custody lawyer to file for filiation, custody and possibly tutorship, if there is a social security claim or life insurance involved.

1 Answer | Asked in Family Law, Adoption and Child Support for Louisiana on
Q: Trying to adopt

I am raising a child that’s not biologically mines since birth & she’s 8. What can I do to adopt if birth mom not replying

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 1, 2020

Hire an adoption lawyer.

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: My girlfriend has a 2 year old daughter. The father has not been in the picture ever. No contact. Nothing.

He isn’t on the birth certificate and he moved cross country and is now married with another child. His current wife is trying to contact us and threatening with court so he can see his child. Who he has never seen. Can he get custody? And as her boyfriend do we have to be married for me to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

Yes you have to be married to adopt. If he gets visitation and pays child support, that will prevent adoption.

2 Answers | Asked in Adoption and Child Custody for Louisiana on
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... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 24, 2020

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.

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1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: If my rights where terminated and my father adopted my daughter can I get her back she's 15 now and wants to be with me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 14, 2020

Your rights were terminated when she was adopted and you can't get her back until she is 18.

1 Answer | Asked in Adoption for Louisiana on
Q: Hello, I am 22 and live in Louisiana and I am trying to figure out how would I go about doing an adult adoption

The adoptee will my aunt and her husband. The reason being is because I have physical disabilities and whenever it flares up I lose the ability to speak and my birth mother isn’t stable enough to be making decisions for me on my behalf

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 13, 2020

Because she is a relative, you can do an Intrafamily Adult Adoption by Acknowledged Act. Contact an EXPERIENCED adoption attorney. I just saw an adult adoption bungled by a non-experienced family law attorney.

3 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Do I need an attorney? My husband wants to adopt my son and the biological dad is willing to relinquish his rights.

The biological dad lives in California and hasn't had anything to do with my son for 9 years. My husband and I live in Louisiana. We don't know if there's anyway we can represent ourselves, or if we just have to have an attorney.

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 23, 2020

I strongly recommend hiring a lawyer to handle your intrafamily adoption. The requirements for an adoption are specific, and a simple mistake can make the adoption invalid. Intrafamily adoptions are quicker and generally are less costly than a private adoption.

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2 Answers | Asked in Family Law and Adoption for Louisiana on
Q: My son's father wants to waive his rights to his son to my current husband. How do we go about doing this?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2020

If your son's father is willing to sign a Surrender, then your husband can adopt. Hire an adoption attorney.

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1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: My husband needs a district court order to unseal his original birth certificate to get his daughter on his tribe.

He was born in Lawton, Ok then adopted in Fort Worth. Texas vital statistics said his paperwork was sent to Oklahoma. How can he petition the court for his original birth certificate

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 9, 2020

You need an OK tribal attorney

1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: Why would bio dad's family be concerned about me trying to get money after the death of his mother when I was adopted?

My bio dad terminated his rights when I was 12, I am 34 now. My stepdad adopted me, and was the daddy every girl deserves. I recently received a very ugly message from bio dad's niece stating that if I tried to come after any money she would come after me civilly. I refuse to contact because... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 5, 2020

You are entitled to inherit from your biological and adoptive parents. BOTH. Contact a successions attornry.

1 Answer | Asked in Adoption, Estate Planning and Probate for Louisiana on
Q: Louisiana. ...grandchild has lived in grandparents home,all his life. Grandpa died, aunts trying to evict him. He is ado

Grandchild adopted. But,family blood

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 3, 2020

If the grandchild was adopted by the grandfather and the grandfather didn't have a will, then the grandchild is legal heir to the the home, assuming grandfather had title. You should consult with a successions lawyer as soon as possible.

2 Answers | Asked in Adoption for Louisiana on
Q: Does the below civil code still hold true today? LA Civ Code 212, SECTION 3. ADOPTION OF ADULTS, Art. 212. Adult adop

Meaning if the adoptive parent is the spouse of the biological parent & adoptee is an adult would judicial consent be needed?

Douglas Lee Bryan
Douglas Lee Bryan answered on May 19, 2020

If the adoptive parent is the spouse of a biological parent, then judicial consent is not required.

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2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Can the rights of a father be taken away without his consent? My fiance is wanting to adopt after we are married.

He is not listed as the father on her Birth Certificate, it is blank. I was young and naive and thought I was going to get child support from him. They had to establish paternity but he did not show up in court. I received a letter a few months letter basically saying in the eyes of the court he... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 15, 2020

The Mother's omission of the the father's name from the birth certificate, professing to not know who the father is, is fraud if she DOES know the father's identity. This does not compromise the father's rights.

The father has until twelve months AFTER he knows he is...
Read more »

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2 Answers | Asked in Adoption for Louisiana on
Q: Can an intrafamily adoption be terminated if the stepparent divorces the biological parent?

Can a intrafamily adoption be reversed after 4 years if the parent wants to regain custody and now has the means to take care of the child?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 12, 2020

No. Custody can change back and forth until a child reaches age 18. Adoption is a permanent measure.

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1 Answer | Asked in Adoption for Louisiana on
Q: Can I present the form, CHC 1122 to a court, with the alleged father present to complete the surrender?

My fiance would like to adopt my daughter and her biological father is okay with the decision. How will I go about this? Also we reside in Texas and the father lives in Louisiana.

Douglas Lee Bryan
Douglas Lee Bryan answered on Apr 20, 2020

The bio dad's surrender would have to be filed in the adoption proceedings. You need to consult with an attorney who handles intrafamily adoptions, such as myself, to discuss the process and anticipated costs. Intrafamily adoptions are not nearly as complicated as a private adoption and are... Read more »

1 Answer | Asked in Adoption for Louisiana on
Q: Can the rights of a non-custodial parent be taken away without having someone adopt her to "legally" be her father?

My daughters father has abandoned her, i'm remarried, but do not have the funds to pay adoption fees for my husband to legally adopt her. Non-custodial parent hasnt had any contact in almost 5 years, my husband has been her "dad" for the past 8 years.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 20, 2020

His rights can only be terminated by action of the State (for example, in a OCS proceeding) or for purposes of an adoption. In this case, your husband can adopt the child, most likely without the father's consent. Intrafamily adoptions generally are not as expensive or complicated as a... Read more »

2 Answers | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Can my son's stepfather get legal parental rights since my son's biological father passed away recently?

My son is 14. His bio father died recently. What can I do so that my husband can have legal parental rights without changing my son's last name or his Birth Certificate?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 10, 2020

You can enter a Cinsent Judgment splitting custody with him. Hire a custody lawyer or mediator.

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1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Louisiana on
Q: How can I get my parental rights back if they were taken?

My son mother put him up for adoption while I was incarcerated without me knowing and my consent. By time I got any letter or documents it was a few days before the hearing and I couldn’t get a lawyer or anything. I showed up to court and they took away my parental rights and said when I got out... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 9, 2020

You need a consultation with an adoption lawyer. Some of this depends on when this happened.

1 Answer | Asked in Adoption, Child Custody and Family Law for Louisiana on
Q: Whats the process when filing to seek custody or "Ex Parte" custody?

My birth mom is seeking custody of me again because she knows how poorly my adopted family treats me. They have been horrible to my mental health and have been all my life, even resulting in a few suicide attempts and a hospitalization. Whats the process for her seeking custody? Is there anything,... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 7, 2020

You have already asked this question.

2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Intrafamily adoption reversal?

I am 15 and was taken in by my cousin when I was a baby and got my last name was changed at 4 years old. However, my cousin has been emotionally abusive all my life and has cause me severe mental health issues all my life. She has also been physically abusive but not as much as I got older. I have... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 5, 2020

Although the adoption is not "reversible," your mother can still file seeking custody. Because she would be treated as a non-parent, her burden of getting custody would be high, and you would need to provide solid proof of the abuse you've described. If the abuse is serious, you or... Read more »

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