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(c) As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of six consecutive months.
561(A)(1), an action is deemed abandoned when the parties fail to take any steps in either prosecution or defense for a period of three years. Under this provision, the rule does apply even without a formal order as it is an automatic so long as the period is three years.
In this case, a birth parent's rights can be deemed abandoned for things like no contact with the child for six months and non-payment of child support for six months (see Louisiana Children's Code Art.
By the Reporters on the Code of Civil Procedure projet: "An action is abandoned when the parties fail to take any action, consisting of a formal move in the trial court to further its prosecution or defense, the taking of a deposition, or the use of any of the discovery devices, for a period of five years.
You can also get legal title to the abandoned property, depending on the circumstances. The process of gaining title by squatting is called ?adverse possession? or ?acquisitive prescription.? In Louisiana, you can gain title to abandoned property in limited circumstances.
Abandonment of an Article 102 divorce occurs when the rule to show cause for divorce is not filed within two (2) years of the service of the original petition.
(3) Property which because of physical condition or use or disuse thereof is uninhabitable and for which ad valorem taxes are delinquent for three years or more shall be presumed to be abandoned. This presumption however is rebuttable.