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Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
Art. 719. Guardianships, although not as legally durable as adoption, can provide permanency for a child. Guardianships may provide more expedient permanency than adoption since they do not require termination of parental rights.
The grounds for termination of parental rights are: (1) Conviction of murder of the child's other parent. (2) Unjustified intentional killing of the child's other parent. (3) Conviction of a sex offense as defined in R.S.
When does the court order expire? The order continues until the child turns 18 years old. It can only be changed by court order, if the guardian no longer wants to or can no longer be the guardian. It can also be change if the guardianship is no longer in the child's best interest.
The guardianship of an adult in Louisiana is uniquely known as a curatorship and it has the same definition as conservatorship as used in other states. A curatorship is Louisiana's term for the authority given to one adult to take over the personal and/or financial affairs of another adult.
Overview of Adult Legal Guardianship in Louisiana A probate court usually appoints anyone as a legal guardian. Guardianships authorize a court-appointed guardian to make choices for another person (ward). Legal guardianship is the relationship between a ward and a guardian.
How is it done? The child must have been found to be a Child in Need of Care by the court. Then the Department of Children and Family Services (DCFS), the parent or the attorney for the child may make a request of the court asking that a guardian be appointed.
There are several different types of legal custody in Louisiana. They are provisional transfer of custody by mandate, voluntary transfer of custody by court order, tutorship, court ordered when the child is in state custody and court ordered when the child is in the parent's custody.