How to Get Custody of an Abandoned Minor Child in Louisiana

Louisiana considers child abandonment leaving a minor under 10 years old.

As in most states, the state of Louisiana awards the custody of minor children to parents. The exception is when the best interests of the child dictate a different course of action. When determining the best interests of the child, the court looks at several factors, including a stable environment and the desire of the primary caregiver to care for the child. In the case of an abandoned minor child, you can petition the court for custody by following several steps.

Things You'll Need

• Related documentation including medical and school records, statements from third parties such as therapists or case workers
• Domestic Case File Cover Sheet
• Court petition listing reasons for custody request

Instructions

1. Complete and fax a Domestic Case File Cover Sheet, along with your court petition requesting custody of the child, to the court. The one-page cover form requires that you only check the applicable boxes. On the petition, list in your own words the reasons you should get custody of the minor child in the court petition. Contact the court administrator of the court in your jurisdiction for fax number information. The court will contact you with the pre-trial date.

2. Attend the mandatory pre-trial conference as scheduled with your lawyer if you have one. Bring prepared information including: witnesses, exhibits, time needed for preparation, time needed for trial and all relevant information. The judge may waive the pre-trial conference at his discretion.

3. Present your reasons for wanting custody of the child to the family court judge. Provide any relevant documentation to the courts regarding the best interests of the child and your past care of and ability to provide future care for the abandoned minor.

4. Submit to any evaluations the judge orders. The courts will select a mental health professional to conduct the evaluation.

5. Pay any fees associated with the evaluation as directed by the courts.

6. Attend subsequent court hearings where the mental health professional testifies and provides a written report with her findings.

7. Wait to hear from the courts regarding the outcome of your case.

Tips & Warnings

• Address the following factors, as the court considers these: your emotional connection with the child; the desirability and stability of the child living with you; your moral character, physical and mental health; and input from the child, depending on his age.

• While you do not need to hire a lawyer as you go through the court process, lawyers generally know the ins and outs of the court system.

• Louisiana courts grant custody and adoption cases minimal court attention.

References

• FindLaw: Child Custody - Summaries of State Laws
• WomensLaw.org: State Custody Information Ask a Question!
• Divorce Recovery Suite: Louisiana Divorce Laws - Dissolution of Marriage
• State of Louisiana Ninth Judicial District Court: Domestic Case File Cover Sheet
• State of Louisiana Ninth Judicial District Court: Court Rule and order for Domestic Pre-Trial Procedures
• Justia US Law: 2006 Louisiana Code - RS 14:93.2.1 — Child Desertion