Louisiana USLegal Guide to How to Relinquish Custody

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Multi-State
Control #:
US-GDE-13
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Word; 
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Description

This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.

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  • Preview USLegal Guide to How to Relinquish Custody
  • Preview USLegal Guide to How to Relinquish Custody
  • Preview USLegal Guide to How to Relinquish Custody

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FAQ

6 Steps to Filing for Child Custody in Louisiana Finding your local court. ... Trying to reach an agreement. ... Filing the correct forms. ... Paying the filing fee. ... Serving the other parent. ... Responding to the petition (for defendants) ... Preparing for what comes next.

A petition for voluntary transfer of custody shall set forth specifically: (1) The name and address of all parents and legal custodians. (2) An affirmation that the parents are knowingly and voluntarily transferring custody. (3) The full name and date of birth of the child whose custody is sought to be transferred.

Yes. The law on Voluntary Transfer of Custody includes a form found in Louisiana Children's Code Article 1515. Many courts have petition forms available for you and the parent to fill out.

(c) As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of six consecutive months.

The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.

A petition for voluntary transfer of custody shall set forth specifically: (1) The name and address of all parents and legal custodians. (2) An affirmation that the parents are knowingly and voluntarily transferring custody. (3) The full name and date of birth of the child whose custody is sought to be transferred.

You will need to file a motion with the court that issued the original order. Other requirements depend on your existing type of custody order. The court will need you to show a "material change in circumstances." You will need to provide evidence to support your claim of changed circumstances.

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Louisiana USLegal Guide to How to Relinquish Custody