Petition for Voluntary Transfer of Custody - Loiuisiana - Edit, Fill, Sign Online

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IMPORTANT: READ THIS INFORMATION SHEET BEFORE

FILLING OUT THE FOLLOWING FORMS

INFORMATION SHEET FOR

VOLUNTARY TRANSFER OF CUSTODY

WHO CAN TRANSFER CUSTODY?

Only a parent can transfer the custody of his or her child.

The custody must be transferred to a non-parent. For instance an aunt, uncle or

grandparent or non-relative.

UNDER WHAT CIRCUMSTANCES CAN THIS COURT NOT TRANSFER

CUSTODY?

When there is no parent available to agree to the transfer of custody

When either parent does not want to transfer custody

When another court has granted an order of custody

When there is an open case in the court in which custody has been addressed

GENERAL INFORMATION

 Either the parent of the child OR the person accepting custody must live in Jefferson

Parish

 You must fill out the attached documents COMPLETELY and sign them before a

Notary Public (There is no one at this Court that can notarize the signatures for you)

1) Petition for Voluntary Transfer – must be filled out and signed by the

parent

2) Affidavit of Acceptance – must be filled out and signed by the person

accepting custody

3) Certified copy of birth certificate of all children

4) A NON-REFUNDABLE filing fee of $50.00, and

5) Affidavit of Additional Information

 After all the documents are filed and the filing fee is paid, the Judge may:

1) Sign the judgment, or

2) Order a hearing

If you do not have what you need, your petition will be dismissed.

 You will be notified by mail or by phone of what the Judge decides

EXPLANATION OF FORMS ENCLOSED

 PETITION

Both the mother and the father must join in the petition, therefore they are

“petitioners”. If one parent is not available, the reason must be explained in Paragraph

III of the Petition.

Paragraph I: Addresses of all petitioners

Paragraph II: Names and dates of birth of all children

Paragraph III: Name and address of legal custodian (the other parent) not joining in

petition and reason why not

Paragraph IV: Name and address of the person to whom custody is being transferred

Paragraph V: Indicate level of custody. The choices are as follows:

1) Physical custody: gives duty and authority to care for the child

in the home of the custodian

2) Legal Custody: gives duty and authority to have physical

custody and the duty to protect, train, discipline, feed, shelter,

educate and provide medical treatment for the child

Must state how long the order will remain in effect

Must give any terms and conditions, such as visitation and support

Paragraph VI: State the reason for the transfer of custody

Paragraph VII: Name the person receiving custody of the child.

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STATE OF LOUISIANA DOCKET#:

IN THE INTEREST OF JUVENILE COURT

_______________________ PARISH OF JEFFERSON

_______________________ STATE OF LOUISIANA

_______________________ SECTION:

PETITION FOR VOLUNTARY TRANSFER OF CUSTODY

The petition of ___________________________________________________________

_______________________________________________________________________

(names of parents go in this blank)

domiciled in the Parish of ____________________ respectfully represent:

I

Petitioner(s) reside(s) at the following address(es):

________________________________________________________________________

II

That petitioner(s) is/are the parent(s) and legal custodian(s) of the minor child(ren),

namely:

________________________________________________________________________

(Put names of all children whose custody will be transferred)

whose date(s) of birth is/are:

________________________________________________________________________

as more fully appears from the attached birth certificate(s).

III

CHECK ONE:

{ } There are no other legal custodians of the child OR

{ } There are other legal custodians of the child, namely:

________________________________________________________________________

Who is/are unable to join in the petition for the following reasons:

________________________________________________________________________

IV

Petitioner(s) desires to knowingly and voluntarily transfer custody of the above named

child(ren) to___________________________________________ which individual(s),

institution or agency reside(s) at the following address and has/have the following phone

number(s):

_____________________________________________

Address

_____________________________________________

___________________

Home phone

___________________

Work phone

And who has/have the following relationship with the child(ren):

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________________________________________________________________________

V

Petitioner(s) desire(s) to transfer:

CHECK ONE:

{ } Physical custody

{ } Legal custody

of (Put the names of the children)

________________________________________________________________________

for the period of time ______________________________________________________

in accordance with the following terms and conditions:

________________________________________________________________________

(may include visitation and support)

VI

Petitioner(s) desire(s) to transfer custody for the following reasons:

________________________________________________________________________

VII

That __________________________________ has/ have agreed to and does desire to

(Put the name of the person accepting custody here)

accept custody of the minor child(ren) to the extent and under the terms and conditions

stated in this petition, as more fully appears in the attached affidavit of acceptance.

WHEREFORE petitioner prays that there be judgment herein transferring custody of the

minor child(ren):

________________________________________________________________________

(Put the names of the children here)

to______________________________________________________________________

(Put the name of the person accepting custody here)

to the extent and under the terms and conditions set forth in this petition.

____________________________________

Signature of Petitioner or attorney

____________________________________

Address

____________________________________

City, State, Zip

Phone number:_______________________

SWORN TO AND SUBSCRIBED BEFORE ME, at __________________, Louisiana,

this _________ day of _________________________ 20____.

_______________________________________________

NOTARY PUBLIC

My commission expires:___________________________

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STATE OF LOUISIANA

PARISH OF JEFFERSON

AFFIDAVIT OF ACCEPTANCE

BEFORE ME, the undersigned authority, personally came and appeared:

__________________________________________________ individual(s) or a

representative of _________________________________

(Name of agency, if applicable

who being first duly sworn, did depose and state that:

Affiant is a person of the full age of majority and resides at:

__________________________________

Address

__________________________________

in the Parish of __________________________, State of Louisiana

Affiant does knowingly and voluntarily accept (Check one)

{ } Physical custody { }Legal custody

of______________________________________________________________________

________________________________________________________________________

(Put the names of the children here)

for the period of time__________________________(specify intended period of this transfer)

in accordance with the following terms and conditions:

________________________________________________________________________

(May include visitation and child support)

__________________________________________

Signature of Affiant

__________________________________________

Print name of Affiant

__________________________________________

Address

__________________________________________

City, State, Zip

__________________________________________

Phone number

SWORN TO AND SUBSCRIBED BEFORE ME, at ____________________, Louisiana

this ________ day of __________________________ 20_______.

____________________________________

NOTARY PUBLIC

My commission expires:________________

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ADDITIONAL INFORMATION

Please provide the following additional information:

Provide the name, address and telephone number of the biological father of the child,

even if his name does not appear on the birth certificate.

________________________________________________________________________

Are you presently married to the child’s father or mother? Yes No

If not, were you ever married to the child’s father or mother? Yes No

Was the mother of the child(ren) married to someone other than the biological father at

the time of the birth or conception of the child(ren)? Yes No

Did the mother give birth less than 300 days after a divorce? Yes No

If the answer to any of the above is YES, please provide the name, address and phone

number of the husband or former husband:

________________________________________________________________________

Did another court ever render a judgment of custody regarding the children whose

custody is being transferred in this proceeding? Yes No

If the answer to the above is yes, what court rendered the custody judgment?

________________________________________________________________________

Were the parents of the child(ren) whose custody is being transferred ever divorced?

Yes No

If yes, provide the court and docket number of that proceeding.

________________________________________________________________________

Has OCS or Child Protection ever been contacted to conduct an investigation regarding

the child(ren) whose custody is being transferred? Yes No

If yes, please give the date the investigation took place and the outcome of the

investigation._____________________________________________________________

________________________________________________________________________

Did OCS or Child Protection suggest that this Voluntary Transfer be filed? Yes No

If yes, give the name of your Social Worker ____________________________________

What is the name, address and phone number of the school the child(ren) is/are attending

now?

________________________________________________________________________

What is the name, address and phone number of the school the child(ren) will be

attending if this transfer of custody is granted?

________________________________________________________________________

Signature____________________________________

Print name___________________________________

6

RECIPIENT INFORMATION

Has the person(s) accepting custody of the minor child(ren) ever had a validated

complaint of abuse or neglect on his/her record? Yes No

If yes, please explain. Include date of abuse or neglect, type of abuse or neglect, the date

of the investigation, the investigating agency, the outcome of the investigation, whether

or not the children named in this petition were the subject of the abuse or neglect

allegation, and any other information which you might think is important.

________________________________________________________________________

____________________________________

Signature of recipient

____________________________________

Print name of recipient

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STATE OF LOUISIANA DOCKET#:

IN THE INTEREST OF JUVENILE COURT

_______________________ PARISH OF JEFFERSON

_______________________ STATE OF LOUISIANA

_______________________ SECTION:

ORDER

Considering the foregoing Petition for Voluntary Transfer of Custody, and in accordance

with the Provisions of the Louisiana Children’s Code Articles 1517 through 1519:

IT IS ORDERED that:

(1) A hearing be set on the _____ day of _________________________20____ at ____

o’clock a.m. at Jefferson Parish Juvenile Court, 1546 Gretna Boulevard, Harvey,

Louisiana and that all parties be served with this order, which includes all parties

listed below, appear at the hearing.

(2) All parents or legal custodians not joining in the petition be served with notice of the

proceeding OR

That ___________________________, attorney at law be appointed as curator ad hoc

for the absentee, _______________________________ and that service be made on the

curator

(3) { } A home-study be made of the proposed placement, more particularly:

_____________________________________________________________________

{ } A physical and/or mental examination be made of a party or parties, more

particularly:___________________________________________________________

_____________________________________________________________________

{ } _______________________________, Attorney at Law be appointed as counsel

for the child(ren).

Signed at Harvey, Louisiana this ____ day of ________________20 ____.

____________________________________

J U D G E

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PLEASE SERVE:

STATE OF LOUISIANA DOCKET#:

IN THE INTEREST OF JUVENILE COURT

_______________________ PARISH OF JEFFERSON

_______________________ STATE OF LOUISIANA

_______________________ SECTION:

JUDGMENT

Considering the foregoing petition and attachments, this Court finds that:

1) Check one:

{ } All necessary parties are involved;

OR

{ } The rights of the absentee, ________________________, are specifically

reserved;

2)This transfer is knowing and voluntary;

3)There is a legitimate purpose and a factual basis to support the purpose;

4)All parties have been advised of and understand the nature and extent of the transfer,

including any terms and conditions and their respective rights;

5)The proposed change of custody is in the best interests of the child(ren);

THEREFORE IT IS ORDERED, ADJUDGED AND DECREED that the:

{ }physical custody { }legal custody

of the minor child(ren) _____________________________________________________

________________________________________________________________________

be and is hereby granted to _________________________________________________

in accordance with the following terms and conditions:___________________________

________________________________________________________________________

for the period of time of ____________________________________________________

JUDGMENT READ, RENDERED AND SIGNED, this _____ day of

________________ 20___ at Harvey, Louisiana.

_________________________________

J U D G E

PLEASE SERVE:

Fillable Printable Petition for Voluntary Transfer of Custody - Loiuisiana

Fillable Printable Petition for Voluntary Transfer of Custody - Loiuisiana

Petition for Voluntary Transfer of Custody - Loiuisiana