QUESTION
Does a drug addict and prostitute mother still need to sign over rights to father before children can be adopted by stepmother?
Asked on May 12th, 2014 on Child Custody - Louisiana
More details to this question:
Mother and father, never married and had two children, ages now 5 and 7. Mother is a repeat drug offender/abuser and prostitute. She has been arrested at least 8 times and now in jail again. This has been going on since right after the birth of the first child. The father wants to marry a woman, first time marriage for both. With the father having full custody, once married, is the new wife allowed to adopted the children or does the biological mother still have to consent or have rights?
3 ANSWERS
1 Award
Yes, the mother needs to sign a consent and termination of parental rights. If she refuses, you can still proceed and have the court determine whether her parental rights should be terminated.
Answered on May 15th, 2014 at 7:27 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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If she has not complied with a court order of support or failed to communicate with the children without just cause for a period of over six months, her consent would not be required. However, she would still need to be notified of the adoption.
Answered on May 15th, 2014 at 7:27 PM
Attorney serving New Orleans, LA
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Nancy C. Chachere Attorney at Law
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After the father and new wife are married, the father can join in a petition with the stepmother to adopt the children. The birth mother has to be notified and given an opportunity to intervene. The court will be interested in how much contact there has been between the children and birth mother and whether the birth mother has provided support. Of course, legal counsel is advised.
Answered on May 15th, 2014 at 7:27 PM