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Louisiana Adoption Questions & Answers
1 Answer | Asked in Adoption and Child Custody for Louisiana on
Q: How can I prove abandonment when there was never any legal custody or child support agreement?

My ex husband and I filed for divorce at the very beginning of my pregnancy and we haven’t seen or spoken to each other since that point. He wanted nothing to do with the baby. He has never met her or paid child support or anything like that. She is now 7 years old, goes by my last name (she has... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 12, 2018

Yes, once you and your fiance are married, he should be able to adopt your daughter without the birth father's consent, assuming he continues to fail to communicate with her. Give me a call and I'll be happy to discuss the process and costs with you further.

1 Answer | Asked in Adoption for Louisiana on
Q: My sister passed away 2 yrs ago and didn't leave a will. She has 1 son that I have cared for and has lived with me since

her passing. His father is not in the picture and we've had no success in locating him in the past 2 yrs he's never been around and we only know his first name. I want to gain custody/guardianship of her son since he still lives with me. How do I obtain custody of him? We reside in Baton Rouge, LA

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 8, 2018

Yes, you can file for custody of him. In fact, based on the information you've provided, you have a very good shot of successfully adopting your nephew. Intrafamily adoptions, such as what you would be doing, have relaxed requirements and are typically less expensive than a private... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for Louisiana on
Q: What are my chances of getting his rights terminated & my son's last name changed?

If my son's dad hasn't had any contact in over a year & hasn't paid court ordered CS since Feb. I have domiciliary custody, he is supposed to get him every other weekend. I'm not married, but my dad wants the rights signed over in his name.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Dec 18, 2017

Both instances may be grounds for terminating the father's parental rights for purposes of adoption in Louisiana. Your father would be able to adopt the child via an intrafamily adoption. However, you would have to surrender your rights as well in that scenario. Give me a call and I'll... View More

1 Answer | Asked in Adoption, Family Law and Child Custody for Louisiana on
Q: My step-daughter is 15. Can she be emancipated so that i could adopt her?

I have raised her since she was one years old. She has lived with me primarily since 2013. Her bio dad lives in another state and she has no desire to live there. Her mom rarely sees her, was recently diagnosed bipolar and has a drug problem. She has made no attempt to seek treatment for either,... View More

Mr. James Zitzmann
Mr. James Zitzmann
answered on Dec 17, 2017

Well, the court isn't going to emancipate her, but you can definitely file your own petition for custody. What is the legal custody arrangement currently? From what you've said, it sounds like you'd have a decent case against the mother, but the father might be able to fight it,... View More

1 Answer | Asked in Adoption for Louisiana on
Q: Intra-family adoption - how much if all parties agree- Granddaughter to grandparents

Our granddaughter is 16 and has lived with us over 3 years, plus several years in-between. Her mother has signed over temporary guardianship until she turns 18 but we would like to adopt and change her last name to ours as her mother has remarried several times. Her father, who she sees once a... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 8, 2017

Because the adoption laws can be confusing (even to some lawyers). and because an adoption can be annulled if every step is not done correctly, I would strongly recommend having an attorney. What lawyers charge for an adoption varies greatly. I don't think it would be appropriate to discuss... View More

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: Me and my ex husband has joint custody of our 15 yr old daughter. He is taking me to court to have my rights terminated!

Can this happen? I have visitation rights which he will not abide by. It has been 2 yrs since I was able to see or talk to her

Mr. James Zitzmann
Mr. James Zitzmann
answered on Sep 7, 2017

There are certain circumstances where this can happen if you haven't exercised visitation rights in a certain amount or time or haven't paid child support in a certain amount of time. You'll want to contact an attorney immediately regarding this.

2 Answers | Asked in Adoption, Civil Rights, Estate Planning and Family Law for Louisiana on
Q: when my father died should i have got a part of his life insurance, part of his assets, and part of his house?

My mother said my father did not have a will then she says he did have one but she will not let me see it. She acts weird when I ask her about anything to do with my fathers will. How does it work here in Louisiana? Also my parents adopted me when I was only a few days old so my mother is now... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 14, 2017

In Louisiana, if a person dies without a will and leaves children, then the children inherit his estate, subject to a usufruct (right of use) in favor his surviving spouse until her death or remarriage. His succession would have been filed in court in the parish of residence at the time of his... View More

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1 Answer | Asked in Adoption, Arbitration / Mediation Law, Child Custody and Divorce for Louisiana on
Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?

I got married October 21, 2007. Then found out I was, surprisingly pregnant, around march 2008! This man was already very controlling and when the baby was born he got worse and started Being verbally abusive and had started to do things that was actually threatening the life of my son and I! After... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 18, 2017

You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be... View More

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: adoption question.

Me and my boyfriend have been together 6 years and we are not married. We live in Louisiana. My oldest child's biological father has not been in her life since she was born and has neglacted paying any child support. My boyfriend has been there since I was pregnant for her. Can he legally... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 20, 2017

Under Louisiana's laws relative to intrafamily adoption, a child's step-father may adopt his wife's child. In order to be considered a step-parent, the person adopting must be married to the child's parent. If I can assist you further, please feel free to contact me. I'd be happy to help.

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: My husband wants to see if he can get his son from the mother
Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2017

He needs to seek the assistance of an attorney that handles custody matters as soon as possible. The longer one takes to assert his rights in such a case, usually the worse the chance of success. Give me a call, toll free, at 866-Doug-Bryan (368-4279) or email me at doug@dougbryanlaw.com if I... View More

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: In article ch.c art. 1245, if the petitioner doesnt eed the biological parents consent for intrafamiky adoption, why

Why would the bio. Parent have to appear in court for rule to show cause?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2017

Just because someone alleges facts that the bio parent's consent is not required does not necessarily mean that the person making the allegation is correct. Therefore, any party whose rights are being affected have to be put on notice of the adoption so that they can assert any rights that... View More

1 Answer | Asked in Adoption and Child Custody for Louisiana on
Q: My mother adopted my daughter around 2 years old and stated in the adoption if she passed away before the child turns 18

That She automatically return back to m, now my sister has power of attorney over my mother can they put in a new will that my child go to her? Can a new will override an adoption ?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2017

I have never seen a provision in a judgment of adoption that the surrendering parent would automatically get the child back if the adopting parent died. She may have put that in her will. Nonetheless, I believe any such provision would only have the force of "suggesting" to the judge... View More

1 Answer | Asked in Adoption for Louisiana on
Q: My husband and i have custody of my husband son.. i was wondering how can i adopt him.. the mother is willing to sign
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

You can file a Step-Parent Adoption with an Answer and Waiver and the Consent of the Natural Mother.

1 Answer | Asked in Adoption for Louisiana on
Q: How do i unseal adoption records in louisiana
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

It is necessary file a Petition with the Clerk of the Courts in the jurisdiction where the Adoption was entered.

1 Answer | Asked in Adoption for Louisiana on
Q: Does my biological father have to give consent for me, as an adult to be adopted by step-father in state of Louisiana?

I am 25 years old and wish to have my step-dad adopt me and remove my biological father's name from my birth certificate and add my step-dad. Does my biological father have to give permission since I am an adult. I am married and have two children, and all of us just want to be joined as a... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

An Adult does not typically need the Consent of a Parent to Adopt but the parent is typically required to be noticed of the proceedings.

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