QUESTION

How can I get legal custody of a infant that I've been taking care of?

Asked on Jan 06th, 2020 on Child Custody - Louisiana
More details to this question:
My daughters friend went to jail for theft and running from police. I had her son for a week before she went to jail for about 41 days. She is talking about giving him to the state. The bio father just was released from jail and took him for a few days then gave him back. I have financially and emotionally invested to taking care of this beautiful little boy. I bought his car seat, formula, bottles, ect. With no help from bio family. I tried to give to grandmother but she told me to keep him. The mother called today and told me to keep him. How can I get legal custody of him because I dont want him to go to state
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1 ANSWER

DUI/DWI Attorney serving Lafayette, LA at Boustany Law Firm
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It will require jumping through some legal hoops, but based upon the facts provided you should be able to obtain legal custody of him. Under Louisiana Children's Code Article 1101 et seq., to obtain legal custody of the child it will be necessary for both parents to voluntarily relinquish their parental rights to the child for the purpose of adoption. In addition to signing an act of surrender of the child, which will need to be filed and certified with the court, both parents must also go through a number of mandatory steps: 1) A minimum of two pre-surrender counseling sessions with a licensed counselor. This will be mandatory for the mother, but the father may waive the necessity of counseling. After completion the counselor will then sign an affidavit attesting to the completion of the counseling and that the parent(s) understand the nature and consequences of the surrender. 2) Both parents will need to have separate legal counseling at the signing of the act of surrender. This means that the attorney that represents you in the adoption cannot also provide them with legal counseling before their signing. The legal counseling provided to them will include the legal effect of the surrender, as well as the implications of perjury. Each of those attorney(s) will then execute an affidavit of counsel. 3) Complete a statement of family history which will be given to the adoptive parents at the time of placement and which will be made available to the adopted child at the age of 18 years or older. The process of completing a voluntary surrender for adoption is a complicated legal matter. I would strongly advice that you seek legal representation to ensure it is completed properly. I'd be more than happy to assist you in this matter if you see fit. I have represented many clients such as yourself under similar circumstances. Please feel free to reach out to my office if you would like to set up a free consultation.
Answered on Jan 13th, 2020 at 1:48 PM

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