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Louisiana Adoption Questions & Answers
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...
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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 »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 15, 2020

The biological father's consent is not required if he has failed to communicate (or attempt to) without just cause for over 6 months, or if he's failed to comply with a a court order of support for over 6 months.

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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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2 Answers | Asked in Adoption for Louisiana on
Q: how do i obtain custody court rights after parents gave child away

i have had him since he was 3 weeks old and has notarized papers of both parents giving away custody but i want to fully adopt him

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 4, 2020

You should contact an attorney who handles adoptions. This is a specialized area of the law, so it's important to deal with a lawyer who has experience handling adoptions.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: My wife & I have legal custody of my niece. What happens if her parents want her back & I don't feel it's what's best ?

A judge signed giving us custody. We Just want is best for the child. Just wanted to know if they would have to take us to court if we didn't think they were ready for her.Also, wanted to know if we wanted to adopt her would it be possible? The baby just needs stability and security.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 3, 2020

If a judge gave you custody, then the parent would have to file for a change of custody to get her back. You can adopt if the parents have failed to pay child support and visit her for at least 6 months. Hire an adoption lawyer.

2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: I want to adopt my wife son, the biological father is dead. How do we proceed with this without spending thousands

I have supported my stepson since he was an infant, the birth father is no longer alive and we are wanting to go through the adoption process and get everything changed.

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 20, 2019

An uncontested intrafamily adoption probably costs less than you think. An attorney that handles such matters can discuss their fees and other anticipated costs.

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1 Answer | Asked in Adoption for Louisiana on
Q: My wife and I have had custody of our granddaughter for 7 years, she is 7, we want to adopt but the mother won’t allow.

She has never gone 6months without a visit. She has never supported the child but we did not have a court order for support. Do we have ground to adopt

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 19, 2019

Give an adoption attorney a call. That may be enough if the mother has other problems and depending on the circumstances under which you got custody.

1 Answer | Asked in Adoption for Louisiana on
Q: My husband and I have sole custody of his niece for 2 years. She has lived with us for almost 6yrs. No father listed.

The mother is in and out of jail and on and off drugs. She has left her and her sister alone all night at very young ages. She will at times go months without contact and has never supported her as long as we have had her. What do we have to do to adopt her.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2019

Hire an adoption attorney and if she hasn't seen her daughter for 6 months, it should go smoothly.

1 Answer | Asked in Adoption for Louisiana on
Q: I am looking to have my husband, my sons step father adopt my son. His biological father left when he was 4 weeks old.

Can you tell me what needs to be done and what I am looking at cost wise?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 14, 2019

Attorneys can't quote prices on Justia. Hire an adoption attorney. Have your husband do a criminal background check for adoption at the State Police.

2 Answers | Asked in Adoption, Child Custody and Child Support for Louisiana on
Q: Can my husband adopt my daughter, if her biological father has not paid child support in 6 months consecutively?

My child's father is wishy washy. He is a dad when it's convenient and its hard to get state mandated child support from him. He said he would not sign the papers for my husband to adopt my child, because it would make him look like a dead beat dad. He sees her occasionally. Lives on his... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 21, 2019

It sounds like it's time for an intrafamily adoption. You don't need bio dad's permission. Hire an adoption attorney.

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1 Answer | Asked in Adoption, Civil Rights and Family Law for Louisiana on
Q: Can someone please explain la civil code 199 to me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2019

It means adopted kid can inherit from both adopted family and bio family.

1 Answer | Asked in Adoption for Louisiana on
Q: How much does it cost to adopt 3 children already in my custody? They have been with me since October 2018.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 16, 2019

Attorneys can not solicit business or quote prices on Justia. Any who do, DON'T HIRE THEM. That said, call an adoption attorney for her price.

2 Answers | Asked in Adoption for Louisiana on
Q: Can I change my nephews last name? I have full sole custody. Mother on drugs has nothing to do with him father unknown.

I have had him scene the day he was born. The hospital un banded the baby and her and re banded the baby and me . She was in jail when she gave birth.

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 15, 2019

You can't get a judgment changing the child's name without consent of the parents. You may be able to adopt, however, in certain circumstances, which would allow a name change. An adoption attorney can counsel you on this. Feel free to call and I'll be happy to discuss this with you further.

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