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Current as of January 01, 2023 | Updated by Findlaw Staff
A. 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.
(4) The factual basis for the transfer of custody.
(5) The nature, duration, and extent of the transfer of custody, including any terms and conditions.
(6) The name and address of the agency, institution, or individual to whom the child is sought to be transferred and the relationship, if any, to the child.
(7) Whether the Department of Children and Family Services has recommended a petition for voluntary transfer of custody be filed.
(8) Whether the child is an Indian child.
B. The form for the petition shall be as follows:
“PETITION FOR VOLUNTARY TRANSFER OF CUSTODY
The petition of_______ (all legal custodians of the child unless otherwise indicated in Paragraph III of the petition), domiciled in the parish of _______, respectfully represent(s):
I.
That petitioner(s) reside at the following address(es):
II.
That petitioner(s) is/are the parent(s) and legal custodian(s) of the minor child(ren), namely ___________________________________, whose date of birth is _______________ (add same information for all children subject to the petition), as more fully appears from the attached certificate(s) of birth.
Is the child an Indian child?
|
________ |
________ |
||
|
Yes |
No |
III.
That there are no other legal custodians of the child(ren) OR that a legal custodian, namely _________________________, is unable to join in this petition for the following reasons:
.
IV.
That petitioner(s) desire(s) to knowingly and voluntarily transfer custody of the above named children to ______________________________, which individual(s), institution or agency reside(s) at the following address:
________________________________________ and who have the following relationship with the children:
.
V.
That petitioner(s) desire to transfer physical custody OR legal custody of the person of the children (indicate one) for the period of time _______________(specify intended duration) in accordance with the following terms and conditions
(may include provisions for support and/or visitation).
VI.
That petitioners desire this transfer of custody for the following reasons:
.
Has the Department of Children and Family Services recommended to you that this petition be filed?
|
________ |
________ |
||
|
Yes |
No |
If yes, state name of the Department of Children and Family Services worker making the recommendation and the reasons for the recommendation with particularity.
If the department has recommended that this petition be filed, you have a right to counsel. Have you consulted with an attorney?
|
________ |
________ |
||
|
Yes |
No |
VII.
That _________________________ has/have agreed to and does/do desire to accept custody of the child(ren) to the extent and under the terms and conditions stated in this petition, as more fully appears in the attached Affidavit of Acceptance.
WHEREFORE, petitioner(s) pray(s) that there be judgment herein transferring custody of the child(ren), _______________, _____________, ________________, ________________, to _________________________, to the extent and under the terms and conditions set forth in this petition.
(If in proper person, petition should be signed in presence of a notary.)
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS THE _____ DAY OF ____________________, 20 ___.
C. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
Cite this article: FindLaw.com - Louisiana Children's Code Tit. XV, Art. 1515. Petition; contents; form - last updated January 01, 2023 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-xv-art-1515/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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