Legal Question in Family Law in Louisiana

Biological mother abadoned child wife wants to adopt

I have had sole custody of my daughter since divorce in May of 1996. Her mother has not had any contact with her since September 2002. Before that, mother had not seen child since March of 1999. My new wife wants to adopt. What options are available to us?


Asked on 2/03/04, 12:53 am

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Biological mother abadoned child wife wants to adopt

You will want to file an intrafamily adoption. If the mother will not voluntarily surrender her rights, or otherwise consent to the adoption, then you would ask the court to declare her consent unnecessary. One of the grounds for alleging that her consent is not required, is the fact that she has voluntarily NOT visited or significantly communicated with the child for a period of 4 consecutive months at the time of the filing of the Petition for Intrafamily Adoption. The same applies to the non-payment of court ordered support. But you need to see an attorney to discuss your options, and the best way to approach the situation.

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Answered on 2/03/04, 6:20 am
Andrew Casanave Andrew M. Casanave

Re: Biological mother abadoned child wife wants to adopt

Contact a lawyer. You will need to terminate the biological mother's parental rights, then obtain a step-parent adoption.

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Answered on 2/03/04, 12:58 am


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