La. Ch. Code art. 1035
This is the official text of La. Ch. Code art. 1035, part of Louisiana’s Children's Code — governs child custody, child protection, and juvenile justice in Louisiana.
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Burden of proof
Official statutory text
A. The petitioner bears the burden of establishing each element of a ground for termination of parental rights by clear and convincing evidence.
B. The parent asserting a mental or physical disability as an affirmative defense to abandonment pursuant to Article 1015(4) bears the burden of proof by a preponderance of the evidence.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2024, No. 92, §1.
B. The parent asserting a mental or physical disability as an affirmative defense to abandonment pursuant to Article 1015(4) bears the burden of proof by a preponderance of the evidence.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2024, No. 92, §1.
Status: in_force · Read it on the official government site
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