Legal Question in Family Law in Louisiana

child abandonment?

What period of time must go by before a mother can be charged with child abandonment? I have been the financial supporter, as well as emotional supporter of a 3 year old since she was a year old. The biological mother may have the child one day out of the month, at most, and rarely keeps the child overnight. Basically, the mother will spend anywhere from 4 to 10 hours a month with the child. The biological father is my best fiend, so he is on my side. He would love to be able to hand the child over to my husband and I. What do we need to do?


Asked on 7/26/04, 4:01 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: child abandonment?

You should at the very least contact an attorney who is well versed in Adoption law. Basically, if you have the father's assurance that he will voluntarily surrender the child to you, then you will need the mother to surrender, or you will have to have a legal reason to involuntary terminate her parental rights. Children's Code article 1015 requires no significant contact with the child by the parent by visiting or communicating with the child for 6 months, or by failing to supply support for the child for 6 months......the court must authorize a private attorney to file to terminate those rights. The easiest thing to do is report the case to the department of social services in your parish and they will send an investigator out. With the father's support, you should have no problem being allowed to keep the child and then the state will proceed toward termination of the mother's rights and toward certifying the child available for adoption. In the interim, you only have to become certified as adoptive parents and you will be home free.

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Answered on 7/26/04, 7:45 am


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