Family Law Parents frequently contact me to inquire how the State was able to remove their child from their care and terminate their parental rights. Once the State has begun the process and become involved in the custody of your child, it is like trying to stop a fast moving locomotive. The best course of action for young parents who are having difficulties caring for their children, is to contact a family law attorney to discuss other options available which better protect their rights before the State becomes involved. Other options include: temporary Voluntary Transfers for a set period of time where the child is placed with a friend or family member; temporary custody with a friend or family member; or guardianship where the child is placed in the care of another person during their minority until age 18. I would be happy to discuss or explain these options to you. The following is a portion of the opinion from the case: State In The Interest Of C.P., in an unpublished opinion from the Third Circuit Court of Appeals, on appeal from the 15th Judicial District Court for Lafayette Parish, No. JC2013-450.
Terri’s legal experience, mediation skills, past experience working with CASA, and experience as a parent and grandparent enable her to be a strong advocate for the rights of children, fathers rights,
grandparents rights, custody or joint custody & child support. The grounds for termination of parental rights are: (5) Unless sooner permitted by the court, at least one year has elapsed since a child was removed from the parent’s custody pursuant to a court order; there has been no substantial parental compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return of the child; and despite earlier intervention, there is no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future, considering the child’s age and his need for a safe, stable, and permanent home. An appellate court’s review of a trial court’s conclusion regarding the termination of parental rights is pursuant to the manifest error standard of review. State ex rel. D.L.R., 08-1541 (La. 12/12/08), 998 So.2d 681. In a case involving the involuntary termination of parental rights, there are two separate interests involved: those of the parents and those of the child. Id. (citing State ex rel. K.G., 02-2886 (La. 3/18/03), 841 So.2d 759). A parent has a natural and fundamental liberty interest in the continuing companionship, care, custody, and management of their children’s lives which warrants great deference. Id. At odds with this interest of the parent, is the child’s profound interest in adoption into a home with proper parental care that provides secure, stable, long-term, and continuous relationships. Id.