Keith Mack
Child abandonment is a serious issue in Louisiana, and it can have significant implications for custody matters. In Louisiana, child abandonment is defined as child desertion, which occurs when a parent intentionally or criminally neglects a child under ten, exposing them to danger. This usually refers to physical abandonment, such as leaving a child somewhere with no intention of returning. If a parent is proven to have abandoned their child, the court can terminate their parental rights, including custody and visitation rights. This article will explore the legal definition of child abandonment in Louisiana, the consequences for parental rights and custody, and the procedures for filing a child abandonment case. We will also discuss the impact of other factors, such as domestic violence and relocation, on custody decisions in the state.
Can a custody matter be abandoned under Louisiana law?
| Characteristics | Values |
|---|---|
| Definition of child abandonment | Child abandonment is a term used to refer to a set of behaviours displayed by parents towards their children. In Louisiana, child abandonment is child desertion. Child desertion happens when "the intentional or criminally negligent exposure of a child under the age of ten years, by a person who has the care, custody, or control of the child, to a hazard or danger against which the child cannot reasonably be expected to protect himself, or the desertion or abandonment of such child, knowing or having reason to believe that the child could be exposed to such hazard or danger." |
| Child abandonment consequences | If a parent is proven to have abandoned their child in court, the court can terminate their parental rights. Terminating parental rights in Louisiana means the parent has no parental or custodial say over decisions related to their child. It also means they cannot petition for custody or even visitation in the future. Child abandonment may also result in a misdemeanour or felony for the abandoning parent. |
| Who can file a child abandonment case? | Parents or legal guardians, other family members or interested parties (e.g. foster parents or close relatives), and Child Protective Services (CPS) can file a child abandonment case in Louisiana. |
| Custody agreement | In Louisiana, custody of a minor child is determined as part of divorce or a case between unmarried parents. Either parent may seek custody of the child. |
| Custody modification | A custody agreement in Louisiana can be modified if one parent relocates out of state or country. |
| Custody and visitation | In Louisiana, remarriage can impact custody and visitation if it significantly changes the circumstances, such as relocating with the child. |
| Custody and debt | In Louisiana, debts incurred during the marriage are generally considered community property and are divided equally between the spouses in a divorce. |
| Custody and inheritance | Inheritances are typically considered separate property in Louisiana and are not subject to division in a divorce, unless they have been commingled with marital assets. |
| Custody and education expenses | Education expenses for children can be included in divorce agreements in Louisiana. |
| Custody and visitation rights | In Louisiana, supervised visits are usually a temporary measure. The judge might order a professional to observe the other parent on a certain amount of visits or the visits might be supervised by a relative for a certain amount of time. |
| Custody and relocation | Louisiana has a specific set of relocation laws. If a parent intends to move their child's principal residence more than 75 miles away, within or outside the state, they need to comply with the laws and may require a court order. |
| Custody and visitation rights termination | If a child was conceived through a "sex offence", the offender who committed the offence cannot get any visitation rights or contact with the child. If there was an actual criminal conviction, this could be grounds to legally terminate the offender's parental rights. |
| Custody and family violence | In Louisiana, a parent with a history of family violence, including physical, sexual, and emotional abuse, should not be awarded sole or joint custody. |
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What You'll Learn
Child abandonment
In Louisiana, the following parties have the right to file a child abandonment case: parents or legal guardians, other family members or interested parties, and Child Protective Services (CPS). If a parent or legal guardian has abandoned a child, they can file a case to terminate the abandoning parent's parental rights and seek custody or support. Family members or individuals interested in a child's welfare, such as foster parents or close relatives, can file a case for the child's best interests. CPS is authorised to investigate child desertion or neglect allegations and can file for termination of parental rights, adoption, or other legal actions to safeguard the child's welfare.
If a parent is proven to have abandoned their child in court, the court can terminate their parental rights, meaning they lose all custodial rights and cannot petition for custody or visitation in the future. Child abandonment may also be held against a parent during custodial disputes and can disqualify them from gaining custody of their child. In Louisiana, a parent's history of family violence, sexual abuse, or domestic abuse is also taken into account when determining custody matters. Additionally, if a child was conceived through a sex offence, the offender cannot be granted visitation rights or custody.
It is important to note that a parent's rights generally cannot be severed entirely due to no contact or not being involved in the child's life. If the father's name is not on the birth certificate, he has no legal proof of paternity, but he can establish this through a process called filiation. In Louisiana, custody of a minor child is determined as part of divorce proceedings or in a case between unmarried parents. Non-parents may gain custody if both parents agree or if a court orders it for the child's well-being, and these non-parents are usually relatives of the child.
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Custody rights
In Louisiana, prenuptial agreements cannot dictate custody or child support arrangements. These matters are determined based on the child's best interests at the time of the custody decision. If the parents are unable to reach an agreement, the case will go to trial, resulting in an enforceable court order defining who will have legal and physical custody, where the child will live, and who will pay what amount of child support.
In Louisiana, the judge will assume that any parent with a history of family violence, including physical, sexual, or emotional abuse, or threats, should not be awarded sole or joint custody. A history of family violence can be multiple incidents or a single incident that caused serious physical injury. If a parent has been proven to have abandoned their child in court, the court can terminate their parental and custodial rights.
Louisiana has a specific set of relocation laws that dictate how far a child can be moved following a divorce. A parent with custody of their child cannot move more than 75 miles away from the other parent following a divorce without a court order.
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Child custody and relocation
Relocation Laws in Louisiana:
In Louisiana, a "relocation" occurs when a child's principal or primary residence changes for 60 days or more. If the residence change is for less than 60 days, it's considered a temporary residence and isn't subject to the same relocation laws. The key factors that define relocation include:
- Moving the child outside the boundaries of Louisiana.
- Absence of a court order awarding custody, with a parent intending to move the child's principal residence more than 75 miles away within Louisiana.
- Presence of a court order awarding custody, but a parent still intends to move the child more than 75 miles from their principal residence at the time of the order.
- Shared equal physical custody or no established principal residence, with a parent planning to move the child more than 75 miles away within Louisiana.
Notification Requirements:
Louisiana law requires proper notification to the other parent before relocation. The moving parent must provide written notice to the other parent via registered or certified mail, including a return receipt. This notice must contain information about the proposed relocation, such as the new address, the reasons for the move, and a statement about the non-moving parent's right to object. The non-moving parent has 30 days to object in writing.
Impact on Child Custody:
Relocation can significantly impact child custody arrangements. If a parent with custody or visitation rights plans to relocate with their children, they should consult a Louisiana family law attorney. The court will consider the best interests of the child and make decisions based on factors such as the child's relationships, their physical, educational, and emotional development, and the feasibility of maintaining a good relationship with the non-relocating parent.
Emergency Relocation:
In cases of immediate danger to the child or a protected parent, Louisiana law may allow for emergency relocation. While the court still needs to be notified, the typical notice requirements can be bypassed to ensure safety.
Legal Penalties:
Failing to follow the proper legal steps for relocation, such as providing notice or obtaining consent/court approval, can result in legal penalties and negatively impact the relocating parent's custody rights. The court may modify the existing custody or visitation order to accommodate the new circumstances, ensuring ongoing contact with the non-relocating parent.
Custody Determinants in Louisiana:
It's worth noting that various factors determine child custody in Louisiana. The state prioritizes the child's best interests and assumes that a parent with a history of family violence, including physical, sexual, or emotional abuse, should not be awarded sole or joint custody. Additionally, if a child was conceived through a sex offense, the offender cannot obtain visitation rights or custody.
In summary, child custody and relocation in Louisiana are intricate legal matters that require careful consideration. It's advisable to seek legal advice from a specialized attorney to ensure compliance with the law and protect the best interests of the child.
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Custody agreements
In Louisiana, custody of a minor child is determined as part of divorce proceedings or in a case between unmarried parents. It is recommended that parents work towards a custody agreement that covers how they will cooperate to raise their child. When parents agree on a detailed plan, the court will grant it as long as it serves the child's best interests. If parents cannot agree, the matter will go to trial.
In either case, parents will receive an enforceable court order defining who will have legal and physical custody, where the child will live, and who will pay child support. A custody agreement may involve creating a parenting plan template, a custody calendar, and an expense tracker.
If a child was conceived through a "sex offense", as defined in section 15:541(subsection 24) of the law, the offender cannot get any visitation rights or contact with the child. If there was an actual criminal conviction, this could be grounds to legally terminate the offender's parental rights. In this case, the parent has the right to file the termination of parental rights petition in court themselves.
In Louisiana, prenuptial agreements cannot dictate custody or child support arrangements. These are determined based on the child's best interests at the time of the custody decision.
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$7.95
Custody and visitation
In Louisiana, the judge will assume that any parent with a history of family violence, including physical, sexual, or emotional abuse, or threats, should not be awarded sole or joint custody. A history of family violence can be multiple incidents or a single incident that caused serious physical injury. Additionally, if a child was conceived through a sex offense, the offender cannot get any visitation rights or contact with the child, and the other parent has the right to file for termination of their parental rights.
Child abandonment is considered highly damaging to a child and can result in criminal charges for the abandoning parent. It can also be held against a parent during custodial disputes and may disqualify them from gaining custody. Child abandonment, or desertion, occurs when a child under ten is intentionally or criminally negligently exposed to a hazard or danger against which they cannot reasonably protect themselves, or when such a child is deserted or abandoned. Abandonment usually refers to physical abandonment, where a parent leaves a child somewhere with no intention of returning.
In Louisiana, several parties have the right to file a child abandonment case, including parents or legal guardians, other family members or interested parties, and Child Protective Services. If a parent is proven to have abandoned their child in court, their parental rights can be terminated, meaning they have no custodial say over decisions related to their child and cannot petition for custody or visitation in the future.
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Frequently asked questions
No, they cannot.
Child abandonment is a term used to refer to a set of behaviours displayed by parents towards their children. In Louisiana, child abandonment is child desertion. Child desertion happens when a child under the age of ten is exposed to a hazard or danger by a person who has custody or control of the child. Abandonment usually refers to physical abandonment, i.e., when a parent leaves a child somewhere with no intention of returning. If a parent is proven to have abandoned their child in court, the court can terminate their parental rights, including custody and visitation rights.
Child abandonment is considered highly damaging to a child, who may suffer emotional, mental, and sometimes physical harm. Depending on the situation, it may result in a misdemeanour or felony for the abandoning parent. It may be held against a parent during custodial disputes and may disqualify a parent from gaining custody of their child.
In Louisiana, the following parties have the right to file a child abandonment case: parents or legal guardians, other family members or interested parties, and Child Protective Services.
After a divorce in Louisiana, you can revert to your maiden name by including a request in your divorce petition. Once the divorce is finalised, the decree serves as legal proof of the name change.
