Full question:
I live in Louisiana and my minor godson has been living with me since he was 4 mos old - he is now 4 yrs old... His mother is in his life but unstable and his father is in prison out of state. How can I get guardianship of the child?
- Category: Guardianship
- Date:
- State: Louisiana
Answer:
In Louisiana, if both parents agree, they can authorize someone to care for their child for up to a year. If the parents do not agree, you will need to petition the court for guardianship. The willingness of the parents to give up custody will affect the process.
To terminate a parent's rights, there must be proof that the parent is unfit or poses a risk to the child. This can be done through voluntary relinquishment or judicial termination. A court may terminate parental rights if it finds clear and convincing evidence of conduct that endangers the child's well-being, such as a conviction for child abuse.
Once parental rights are terminated, the parent loses custody, visitation rights, and the obligation to support the child, though they may still owe past due support. It's important to note that relinquishing parental rights solely to avoid child support payments is generally not permitted.
We recommend consulting a local attorney to discuss your specific situation and options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
