Art. 1514.  Petition for voluntary transfer

Terms Used In Louisiana Children's Code 1514

  • Child: means a person who has not attained the age of eighteen years, except as it is specially defined by a Title of this Code. See Louisiana Children's Code 116
  • guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardianship: means the judicial placement of a child under the duty and authority of a guardian to make decisions in matters having a permanent effect on the life and development of the child as set forth in Article 719. See Louisiana Children's Code 116
  • law: means a statute, a constitutional provision, or an ordinance of a city or other political subdivision of the state. See Louisiana Children's Code 116
  • Legal custody: means the right to have physical custody of the child and to determine where and with whom the child shall reside; to exercise the rights and duty to protect, train, and discipline the child; the authority to consent to major medical, psychiatric, and surgical treatment; and to provide the child with food, shelter, education, and ordinary medical care, all subject to any residual rights possessed by the child's parents. See Louisiana Children's Code 116
  • State: includes a city or other political subdivision of the state. See Louisiana Children's Code 116

A.  A proceeding under this Chapter shall be commenced by written petition.

B.  Except as otherwise provided in this Article, all persons or organizations lawfully exercising legal custody of the child shall join in the petition.

C.  If a legal custodian is unable or unwilling to join in the petition, the petition shall state with particularity the reasons therefor.

D.  If a guardian has been appointed, a petition for voluntary transfer may not be filed. To change a guardianship order a motion to modify the guardianship may be filed in accordance with Article 724.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.