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unpublished opinion from the Third Circuit Court of Appeals, on appeal from the 15th Judicial District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.

Terris 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 parents 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 parents condition or conduct in
the near future, considering the childs age and his need for a safe, stable, and permanent home.
An appellate courts review of a trial courts 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 childrens lives which warrants
great deference. Id. At odds with this interest of the parent, is the childs profound interest in adoption
into a home with proper parental care that provides secure, stable, long-term, and continuous
relationships. Id.