Adopted daughter as single parent. All natural parents known and unknown had rights terminated. married now and husband wants to adopt her too. i have papers ready but have a couple of unknowns of how to put on paper.
1. for mother's name do i put on the petition, my current married name with maiden name or name as is on original adoption papers and birth certificate?
2. Ch c art 1246: with no other current legal parent, if something happens to me, she has no one to care for her.
How do i state if i would like the judge to approve my husband to adopt immediately upon hearing and service process complete...without waiting the 6 months. He moved in with us in Oct 2015 (before we got married 4/12/16) and has been full time in my daughters life everyday since.
3. Ch c ART 1182 pertains to the filing for a new birth certficate when child is born in Louisiana....what happens if child was born in another state?
You should consult an attorney in your area. Many will offer a free or low cost initial consultation and may offer "unbundled" services where they could just answer specific questions or review documents you have drafted, but not fully represent you.
The answer given is not legal advice and does not imply that an attorney-client relationship has been established. Your best course of action is to have legal representation in this matter
Some local bar associations offer free self-help clinics. Otherwise, I would contact an attorney to help you. This is not something you ever want to be overturned when challenged down the road. Good luck!
Answers posted to this website are intended for information purposes only. It is not intended as professional or legal advice and should not be construed as such. Answering a questions will not create or constitute an attorney-client relationship between the attorney and any party.
As mentioned by the other attorneys, you should really obtain an experienced attorney to help you with your intrafamily adoption. In answer to your questions, 1. put your current married name including your maiden name. 2. You need to prepare a valid will and indicate you want your current husband to be the guardian of your child. 3. The birth certificate will be changed in the state of birth of the child upon submission of the order of adoption. The adoption in your situation is really your husband applying to adopt the child. You need to give permission for him to do so. He needs to be in the child's life for over 6 months so this needs to be made clear in the petition. Some judges may not allow you to go forward until 6 months after the marriage but the statute simply says that the husband must be in the family life of the child for over 6 months. You do not need to wait 6 months for intrafamily adoption, that is only for private or agency adoptions. The court will set a hearing date after the petition is filed to allow enough time to serve DCFS and for the sheriff to conduct a background check of your husband. You must provide all the places he and you have lived since reaching the age of majority.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.
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