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  1. #1
    Join Date
    Aug 2018
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    1

    Default Establishing Paternity and Getting Custody of a Child in Foster Care

    My question involves a child custody case from the State of: Louisiana

    A child was born while the mother was in custody and she waived her parental rights. I was not aware of the birth until an adoption legal firm called to request I waive my rights. My name was not listed on the birth certificate. I hired an attorney and a paternity test was completed. The child is in foster care (I believe) and the was up for adoption by the foster parents. Upon notification of request for paternity the adoption process stopped and I was asked what my intentions were. I have had issues with addiction and recently received a DUI.

    About 10 months before knowing about the child I moved in with my parents and surrounded myself with positive people and joined a community church. I am not proud of my past, but I am working towards a better life (drug-free for almost 1 year). The foster parents attorney have offered an Open Adoption, but I want to pursue custody. I have been informed that the potential adoptive parents are going to fight for my child by deposing the mother and who ever else they might find from my past. I am afraid my past will hurt me in the custody battle, but I am the biological father and know in my heart I will be a loving father and want to raise my child. The child is only 3 months old. My parents support me 100% and will continue to support me if awarded custody.

    Any thoughts on my chance of winning custody?

  2. #2
    Join Date
    Sep 2017
    Posts
    493

    Default Re: Paternity Custody

    Your timeline doesn’t make sense. You recently got a dui but have been clean for over a year? If mom signed her rights over when the kid was born 3 months ago, how has this been going on for 10 months? If your parents are supporting you, that’s not a solid financial plan for raising a child for 18 years.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Establishing Paternity and Getting Custody of a Child in Foster Care

    You should have a lawyer for the protective proceeding, and you should discuss your options with your lawyer.

    It will not be the foster parents who will be attempting to terminate your parental rights in the protective proceeding. It will be the state. There should be a reunification plan in place, with the steps you must take if you want to increase your access to the child or to eventually gain custody. We cannot advise you about the terms of that plan or your compliance, hence the need to speak to your lawyer.

  4. #4
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Establishing Paternity and Getting Custody of a Child in Foster Care

    Quote Quoting Daretoleap
    View Post
    My question involves a child custody case from the State of: Louisiana

    A child was born while the mother was in custody and she waived her parental rights. I was not aware of the birth until an adoption legal firm called to request I waive my rights. My name was not listed on the birth certificate. I hired an attorney and a paternity test was completed. The child is in foster care (I believe) and the was up for adoption by the foster parents. Upon notification of request for paternity the adoption process stopped and I was asked what my intentions were. I have had issues with addiction and recently received a DUI.

    About 10 months before knowing about the child I moved in with my parents and surrounded myself with positive people and joined a community church. I am not proud of my past, but I am working towards a better life (drug-free for almost 1 year). The foster parents attorney have offered an Open Adoption, but I want to pursue custody. I have been informed that the potential adoptive parents are going to fight for my child by deposing the mother and who ever else they might find from my past. I am afraid my past will hurt me in the custody battle, but I am the biological father and know in my heart I will be a loving father and want to raise my child. The child is only 3 months old. My parents support me 100% and will continue to support me if awarded custody.

    Any thoughts on my chance of winning custody?
    Drug free almost a year but recently got a DUI? How recently? You're not sober if you just recently got a DUI. You relapsed. (Alcohol is a drug).

    What makes you think you know you can support this child when you have only been sober allegedly a year or less than that? You recently got a DUI. You live with your parents. How secure are you in caring for yourself that you know you could care for a child too? I was married to an addict so I know how this works. I know that when an addict goes to rehab it takes a long time after that to get themselves able to be independent and be an adult.

    How long are you going to depend on your parents? Where will you live if something happens to them? You gotta thing about all these things.

    How did you find out about a 3 month old child 10 months ago?

  5. #5
    Join Date
    Dec 2007
    Posts
    248

    Default Re: Establishing Paternity and Getting Custody of a Child in Foster Care

    In first post he talks about recent contact regarding adoption. I interpreted this to be his first knowledge of the child - at least him being the potential father.

    I find it troubling that foster parenting appears to be used to "shop" for a child. There are other potential adoptive parents for an infant. Why should the foster parents have a greater right to the opportunity than others.

    Am I the only one to find it troubling that no effort was made to identify the father until adoption proceedings for a very young infant were in process?

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