In Louisiana, if a grandfather and grandmother (unmarried) share JOINT LEGAL PERMENANT CUSTODY of there two grandchildren, do the parents of the children have any legal ability to sign over ADOPTION rights to one or the other of the grandparents? Would both grandparents have to consent or can it be done without both consenting?
Answer
The parents are still the parents, but since they do not have custody, they cannot execute a VOLUNTARY ACT OF SURRENDER FOR ADOPTTION that will allow the adoption to be granted. Adoption is confidential and must be done EXACTLY as the Children;s Code says it MUST be done. So, in order to have an Intrafamily adoption, someone must have custody. To do it correctly, see an attorney who specializes in Adoptions.
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