If you are the biological parent
, you do not need a voluntary surrender. You need to go to the court to do a voluntary termination of parental rights
, but you can get her to sign a notarized voluntary termination of parental rights. Then you, as the biological parent have custody and rights and she has none and you need to file that in the parish court, which will review the order. You can also do a custody agreement where she grants you physical custody
of the children.
AGREEMENT OF CUSTODY
I, [mother's name] affirm that I am the biological mother of the child [name] and that I hereby grant full physical parental custody to [your name] whom I swear and affirm is the biological father of the child [name].
I further agree that this voluntary custody of the child shall not terminate unless and until a valid order of a Court of the State of Louisiana is rendered to the contrary.
The undersigned swear and affim that they are entering into this agreement voluntarily and without any promises and that the sole agreement is contained herein. Any terms or conditions not mentioned herein shall be considered as not existing and shall not be considered part of this agreement. Additionally, the undersigned both affirm that we are of lawful age and absent any defects that would affect our capacity to enter into this agreement and do so with full knowledge of the effects thereof.
Both of you sign, and have it notarized and dated.
Then do a voluntary surrender of parental rights
Voluntary Termination of Parental Rights
I [mother] do hereby voluntarily agree to terminate any and all parental rights I have now or may have in the future over the child [name of child] born to me and [name of biological father - you].
I swear and affirm that I am of lawful age and absent any defects that would affect my capacity to enter into this agreement.
I further swear and affirm that I am voluntarily terminating my parental rights over [child] and am not being threatened, coerced, intimidated in any way and waive any rights to claim such in the future.
I understand that the voluntary termination of my parental rights means that I no longer have any control or custody rights
to [child] and lose any rights to inherit from [child] as a lawful heir, but that [child] retains lawful rights to inherit from me as a lawful heir.
Have her sign and notarize, then you need to file a petition in the State Court in your parish to voluntarily terminate the rights. The court will review the affidavit and issue the order terminating her rights and legally changing the child's name if required or reqested.
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