La. Child. Code art. 1035

Current with changes from the 2024 Legislative Session

Section 1035 - Burden of proof

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.

La. Ch.C. § 1035

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017.

Amended by Acts 2024, No. 92,s. 1, eff. 8/1/2024.

Amended by Acts 2017, No. 151,s. 1, eff. 6/12/2017.

Acts 1991, No. 235, §10, eff. 1/1/1992; Acts 1997, No. 256, §1.