Legal Question in Family Law in Louisiana

My son is legally married to but has not lived with his wife for 4 years. She has since had a child with another man whose paternity has been proven through testing. The child is now in states custody and they are seeking to terminate her parental rights. Child Protective Services contacted my son and told him that in order for the child to be adopted, he would need to attend classes and sign papers terminating his parental rights. We assumed the paternity test proved who the father was. My son wants to do the right thing but is hesitant to sign anything that will forever change this childs life. His name is not on the birth certificate and he was never considered to be or in any way functioned as this childs father. Is he legally the father and will he need to sign these papers?

Asked on 10/09/09, 4:03 pm

Dustin Vidrine Wade & Vidrine, PLC

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he is presumed to be the father because he was married to the mother at the time of birth.

Answered on 10/14/09, 6:54 pm

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