Legal Question in Family Law in Louisiana
My daughter's father slowly stopped supporting her after she made a yr old. For the next two years, he called a few times and saw her maybe two or three times. After she made three, we stopped hearing from him or recieving any type of financial assitance. My son's father and I have been together since she was 6 months old. Because of her dad not being in the picture, all she has as a father figure is my son's dad and my father. She even calls my son's dad her father. My son's dad and I have discussed the matter several times and he would like to adopt her, even if we do not get married. Is this possible and what do I have to do? Will I have to contact her father for him to terminate his rights or has he already done so by not contacting or supporting her?
1 Answer from Attorneys
First and foremost, your baby daddy cannot adopt your other child unless and until you are married and he is the "step-father." Without that, he cannot adopt. Should he decide to marry you and make your situation as if a more traditional family, then if what you say in your narrative is correct, he should be able to adopt without much trouble. You will have to contact the baby's biological father and tell him what is going on. That can be either before or after your husband files to adopt. The bio dad must be served with the adoption papers. Had you gone to court and gotten custody of your daughter and had child support set, you would have had a bit more leverage to work with. FInd a competent, not the most expensive, domestic/adoption attorney in your jurisdiction and heed their advice. After you get married, this is not that difficult.
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