Louisiana Children's Code Tit. XII, Art. 1245. Parental consent not necessary; burden of proof
Current as of January 01, 2019 | Updated by FindLaw Staff
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A. The consent of the parent as required by Article 1193 may be dispensed with upon proof by clear and convincing evidence of the required elements of either Paragraph B or C of this Article at the hearing on the opposition and petition.
B. When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists:
(1) The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
C. When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists:
(1) The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
Cite this article: FindLaw.com - Louisiana Children's Code Tit. XII, Art. 1245. Parental consent not necessary; burden of proof - last updated January 01, 2019 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-xii-art-1245.html
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