Divorce,Lawyer,Scenario,for,Bi law Divorce Lawyer: A Scenario for a Biological Father to Lose C
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
If you are a biological father and want to retain some formof custody of your child, then you should make every effort to establishcustody sooner rather than later. Simplyabandoning the child and subsequently wanting custody of your child after yearsor even six months will deprive you of your right to consent to your childsadoption. As painful as it may be,cooperating with your ex-spouse in relation to custody matters is verynecessary in order for you to maintain the required communications with yourchild to prevent an adoption. Here aresome observations from the perspective of a divorce lawyer as applied toLouisiana law.In Louisiana, a person seeking adoption must obtain atermination of parental rights from the biological parents. It is often times easy to obtain suchtermination or waiver of parental rights when the biological parents want toput their child up for adoption. However,it can be difficult for a divorce lawyer or family attorney to obtain suchtermination when a biological parent does not want to give up their child toadoption.In a case from Louisianas Third Circuit court of appeals,the biological father objected to the stepfathers petition to adopt his child.The stepfather asserted that the biological father has had no contact with hischild since the termination of his marriage to the childs mother nearly 9years before aforesaid petition was filed. (It is common for a divorce lawyer to address child custody in thesetypes of petitions.)The biological father offered reasons for not contacting hischild. He asserted his medical problems,financial problems, and fear that his ex-wife (the childs biological mother)would seek to have him held in contempt for violating a protective order shehad obtained against him. He also alleged he attempted to give his child $2,400.00in child support through a third party. To the contrary, the mother alleges shereceived absolutely nothing from the biological father. A divorce lawyer would probably had been ableto advise him on how to get the money to her.The trial court determined that the biological fathersconsent to the adoption of his child to the stepfather was not necessarybecause he had not been much in the childs life. This ruling is probably not a surprise to adivorce lawyer, as courts often weigh contact and support heavily. Despite this, the biological father filed anappeal asserting that the trial court erred.When reviewing adoption cases, the appellate standard ofreview is to determine whether the trial court committed manifest error or was clearlywrong. The appellate court noted that the requiredconsent from both biological parents can be dispensed of upon a showing by clearand convincing evidence. To a divorcelawyer, this can be a very high standard presumption to overcome. The court found that failure to communicateor attempting to communicate with the child without just cause for six months canbe grounds for dispensing that biological parents consent.The appellate court addressed the biological fathersreasons for not communicating with his child. The appellate court also noted that thebiological father was well enough to date and subsequently remarry. Yet, inthat same time frame, he claimed he had medical problems which prohibited himfrom contacting or attempting to contact his child. The appellate court did not find this verycredible. As such, the appellate courtaffirmed the trial courts ruling granting the stepfather the adoption of thebiological fathers child. Theabove is purely informational. It is notlegal advice. Will Beaumont, Esq., whoworks in New Orleans, Louisiana, provides this article as a way providinginformation. It is under nocircumstances to be construed as legal advice.
Divorce,Lawyer,Scenario,for,Bi