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Termination of rights/adoption

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M

momnla

Junior Member
What is the name of your state? Louisiana
Hi, I have an 11yr old daughter. My daughter's bio dad has not been apart of her life since 2000 (no support, no contact...nothing). My husband would like to adopt my daughter but our main worry is whether or not her bio father has to be contacted?

Her bio dad is a dead beat (obviously), is on drugs and has done all he can to avoid child support payments for his two children from a previous marriage - last I knew, he owed over $30 in child support for his two children. I honestly do not know if he is dead or alive and have no clue where to even start to look for him.

Nothing was every established in the court where my daughter is concerned - no custody or support. I knew he wasn't worth it and my daughter was better off w/out him in her life.

It is my understanding that a certain "time period" has to pass to where his rights can be terminated w/out his consent. In my research, I cannot find what that time period is.

I would appreicate any information you can provide. Thanks
 


G

Gracie3787

Senior Member
momnla said:
What is the name of your state? Louisiana
Hi, I have an 11yr old daughter. My daughter's bio dad has not been apart of her life since 2000 (no support, no contact...nothing). My husband would like to adopt my daughter but our main worry is whether or not her bio father has to be contacted?

Her bio dad is a dead beat (obviously), is on drugs and has done all he can to avoid child support payments for his two children from a previous marriage - last I knew, he owed over $30 in child support for his two children. I honestly do not know if he is dead or alive and have no clue where to even start to look for him.

Nothing was every established in the court where my daughter is concerned - no custody or support. I knew he wasn't worth it and my daughter was better off w/out him in her life.

It is my understanding that a certain "time period" has to pass to where his rights can be terminated w/out his consent. In my research, I cannot find what that time period is.

I would appreicate any information you can provide. Thanks
Click to expand...
This question is asked, and answered at least 3 to 4 times a day.

Yes, the father must be notified.

You will need an attorney, especially when you don't know where the father is. Any TPR and adoption requires the services of an attorney because there is too much of a risk doing something wrong if you try it without one.
 
P

pucker

Member
I would definatly contact an attorney. I'm currently going through the same thing. I had no idea where the father was at and we are having to put an add in the paper where he was last known to live.
 
M

momnla

Junior Member
I do intend on contacting an attorney to handle this matter. I am leaning towards having his rights terminated involuntary which I know he does not have to be contacted. I just wanted some clarification regarding the "time frame" of the absent parent.

Thanks for your responses.
 
S

Silverplum

Senior Member
momnla said:
I do intend on contacting an attorney to handle this matter. I am leaning towards having his rights terminated involuntary which I know he does not have to be contacted. I just wanted some clarification regarding the "time frame" of the absent parent.

Thanks for your responses.
Click to expand...
:eek::eek::eek::eek:
Good grief!!!!!!

You are SO WRONG!!!!!!! (the bolded/underlined statement)

Please get an attorney! And don't take "advice" from just any internet jokester -- look for links, hire an attorney, READ!

Good grief!!!!
 
Ohiogal

Ohiogal

Queen Bee
momnla said:
I do intend on contacting an attorney to handle this matter. I am leaning towards having his rights terminated involuntary which I know he does not have to be contacted. I just wanted some clarification regarding the "time frame" of the absent parent.

Thanks for your responses.
Click to expand...
WRONG. Yes he does have to be contacted and he has to be served. It is called DUE PROCESS. It is a constitutional right. So you are dead wrong.
 
LdiJ

LdiJ

Senior Member
Ohiogal said:
WRONG. Yes he does have to be contacted and he has to be served. It is called DUE PROCESS. It is a constitutional right. So you are dead wrong.
Click to expand...
However in some instances, service can be by publication. Which is why an adoption attorney is needed and it should not be treated as a DIY project.
 
Ohiogal

Ohiogal

Queen Bee
LdiJ said:
However in some instances, service can be by publication. Which is why an adoption attorney is needed and it should not be treated as a DIY project.
Click to expand...
Service by publication is legally considered contacting him (just to clarify). And I agree -- an adoption attorney is DEFINITELY necessary.
 
B

BL_DAD

Junior Member
I'm in Louisiana too, and I just went through this with my ex-wife. I think someone gave you a bad interpretation of this law -

momnla said:
I am leaning towards having his rights terminated involuntary which I know he does not have to be contacted.
Click to expand...
Parental rights can be terminated involuntarily after a period of 6 months with no contact, BUT there is a certain number of times that there has to be a good attempt at getting the parent served. I don't remember the exact number, but I want to say it's around 5. That means that the sheriffs have to had gone to a last known address to serve the papers, documented attempt, etc.

We lucked up and were able to locate her and serve her directly with the papers on our first attempt, but that's because we did a TON of research. And trust me, my ex is not an easy person to find. No job, no license - basically a governmental ghost. But if you really try, any person can be found. Point being, you can't just do an intrafamily adoption without at least attempting to contact your ex. Everyone has a right to plead his or her case, even if he or she doesn't have one.

Good luck, and please, hire an attorney.
 
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