Legal Question in Family Law in Louisiana
adoption
Does adoption override someone who only has custody? Example: If the aunt of a child has custody, biological mother is deceased, and biological father wants to allow the maternal grandmother to adopt?
Do you have to have custody to start the adoption?
Asked on 7/13/07, 8:22 pm
2 Answers from Attorneys
Johm Smith
tom's
Re: adoption
I don't believe you do, but the aunt will probably fight the adoption and a judge will end up deciding. I can research this a little if you need it.
Answered on 7/14/07, 7:37 pm
Nick Pizzolatto, Jr.
Pizzolatto Law Office
Re: adoption
You can execute an intrafamily adoption surrendering your child to the child's grandmother. However, there is a reason a court gave custody to the Aunt, and if she objects, the adoption may be stopped based on the "best interest of the child."
Answered on 7/16/07, 10:42 am
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