How To Terminate Parental Rights In Louisiana
Grounds For Termination Of Parental Rights In Louisiana
In Louisiana, a person can seek to terminate parental rights voluntarily or involuntarily. In order to terminate a parent’s rights in Louisiana involuntarily the Court must find that one of the following grounds exist:
- Abandonment or Failure To Provide Adequate Support
- Severe Abuse Of The Child
- Serious Neglect Of The Child
- Mental Illness Of The Parent or Substance Abuse Of The Parent
- Conviction Of A Crime Involving Moral Turpitude
Procedure For Termination Of Parental Rights In Louisiana
In order to terminate the parental rights of a parent, the parent can file a petition in the Louisiana district court. The petition should include the grounds for termination and the specific facts that support the grounds for termination. The petition should also indicate whether the other parent has voluntarily agreed to the termination or if the other parent is contesting the termination.
It is important that the parent seeking the termination request a hearing with the court; however, the hearing is not required if both parties consent to the
termination. If a hearing is requested then the other parent will be served with notice of the hearing and notified of their right to an attorney.
What Happens After Parental Rights Are Terminated?
In Louisiana, when parental rights are terminated, the court may also terminate the parent’s obligation to pay child support. However, the Court may still hold the parent responsible for child support if the other parent is indigent. Additionally, the termination of parental rights means that the parent no longer has any legal rights or responsibilities over the child, including the right to care for, associate with, give consent for, or make decisions for the child.
Do I Need A Lawyer To Terminate Parental Rights?
It is strongly recommended that you seek out the assistance of a family law attorney who is experienced in terminating parental rights in Louisiana. An experienced lawyer can explain the process to you, provide you with legal advice, represent you in court and help you understand your rights and obligations under the law.