Legal Question in Family Law in Louisiana
I live in Louisiana. My son who is 6 years old has not seen or heard from his biological father in 15 months. How can I go about terminating his rights and letting his step father adopt him?
3 Answers from Attorneys
There has to be 2 years of non-support and contact prior to filing a petition for termination of parental rights. This does not necessarily guarantee that a judge will agree to terminate. The best way is to have the father sign a consent to have his rights terminated.
If he has not had contact with his child, OR has not paid court ordered child support for a period of 6 months, then your husband can file for an INTRAFAMILY ADOPTION alleging that the father's consent is not needed. Check children's code article 1193 for the circumstances underwhich you can show that the father's consent is not necessary.
I neglected to mention that Ms. Lucas answer is incorrect in light of Children's Code Article 1245.
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