Summary
The Louisiana Second Circuit reviews a judgment terminating M.W.'s parental rights to K.S. The court considers whether the State proved abandonment by clear and convincing evidence and whether termination served the child's best interests, given M.W.'s delayed paternity testing and lack of contact before 2025. The opinion affirms the termination judgment.
Holdings
- The State proved by clear and convincing evidence that M.W. abandoned K.S. because he failed to visit or communicate with the child for nearly two years before the termination petition was filed.
- Termination of M.W.'s parental rights was in K.S.'s best interest because K.S. had lived with and formed strong attachments to his foster family since infancy, and removal from that stable and secure environment would risk significant harm.
- The trial court did not manifestly err in finding grounds for termination or in determining that termination was in K.S.'s best interest.
Questions Presented
- Whether the State proved by clear and convincing evidence that M.W. abandoned K.S. under La. Ch. C. art. 1015(4)(c) by failing to maintain significant contact with him for six consecutive months.
- Whether termination of M.W.'s parental rights was in K.S.'s best interest.
Disposition
affirmed
Cases Cited (6)
- State in Interest of C.F., 17-1054 (La. 12/6/17), 235 So. 3d 1066(followed)
- State in Interest of H.W., 55,528 (La. App. 2 Cir. 1/10/24), 380 So. 3d 124(followed)
- State ex rel. B.H. v. A.H., 42,864 (La. App. 2 Cir. 10/24/07), 968 So. 2d 881(followed)
- State ex rel. D.L.R., 08-1541 (La. 12/12/08), 998 So. 2d 681(followed)
- State ex rel. K.G., 02-2886 (La. 3/18/03), 841 So. 2d 759(followed)
- State in Interest of K.C.C., 15-84 (La. App. 5 Cir. 5/26/16), 358 So. 3d 46(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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