Legal Question in Family Law in Louisiana

Two years ago the biological mother of my daughter left her with me and my fiance to raise until she could get on her feet. We did not have a custody order in place. My mother filed a custody suit against me and the biological mother of my 3 yr old and won joint custody of her with the mother. Due to the accusations against us, the mother was court ordered drug testing at her own expense for habitual drug use and I was ordered supervised visitation based on the claim that I had never communicated or tried to support the child since birth even though my daughter had been living with me and my fiance for seven months, and I had no lawyer. I have now been been married to the same woman for two years. My wife is in the military and we are now stationed in Germany. We have a stable home with a stable income. My mother called recently and said that she was taking the mother back to court to petition for sole physical and legal custody because the mother has not stopped using drugs, has used drugs in front of the child, has subjected my daughter to unsafe environments, and does not have a stable home. My mother informed me that once she gains custody, she wants to return custody to me and my wife. We would like to know if that is possible. What legalities are we facing? Will her transferring custody to me have to go through the courts or can she do it through her lawyers? Can my wife adopt my daughter? And, what say does the biological mother have?


Asked on 11/27/10, 11:52 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

It is very odd that your mother was given custody in preference to you. Normally you would have to be found unfit or you agreed to it. Evidence of failure to visit or support would have to provided to the court and what you are describing usualky terminates a father's rights.You and the child mother are the preferential custodians. You should be the one seeking custody. The court would have to agree to any transfer of custody even if stipulated. The mother's rights would have to be terminated before an adoption could occur unless she voluntarily relinquishes her rights.

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Answered on 12/02/10, 3:05 pm


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