Cited by
Opinions in Louisiana that cite In Re Adoption of BGS, 556 So. 2d 545.
- Sarah Allen Davidson v. Terrance Hardy La. 2026
- Succession of Clinton Cameron Schreiber La. Ct. App. 5th Cir. 2024
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D. A. B. v. C. G. W.
La. Ct. App. 3d Cir. 2024
(citing Santosky v. Kramer, 455 U.S. 745, 758–59, 102 S.Ct.
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Reinstated
La. 2023
The above distinction was noted by this Court over thirty years ago in its acknowledgment that “a majority of the [United States Supreme Court] has not abandoned its traditional approach of focusing first upon the precise nature of the interest threatened by the state, i.e., the interest of the unwed father in his child.” n. 2 (La.
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State of Louisiana in the Interest of E.R. .
La. Ct. App. 4th Cir. 2023
in February 2020, and they have one more son, of whom they took custody in 3 The Louisiana Legislature created a putative father registry whereby “anyone who claims to be or is adjudicated to be the natural father of an illegitimate child can be identified as such by consulting the registry.” (La.
- Karen Cohen Kinnett Versus Jarred Brandon Kinnett La. Ct. App. 5th Cir. 2022
- Olivia Lyn Bean and Treshawn Dardie Davis v. Emily Pounds and Reid Pounds La. Ct. App. 1st Cir. 2022
- In Re: Applying for Private Adoption C.J.P. La. Ct. App. 2d Cir. 2022
- Irrael Garcia Versus Jaidy Hernandez La. Ct. App. 5th Cir. 2022
- State of Louisiana in the Interest of E.J. La. Ct. App. 2d Cir. 2021
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Billie Cook v. Sharon Sullivan
La. 2021
The United States Supreme Court has declared it “‘plain beyond the need for multiple citation ’ that a biological parent’s right to ‘the companionship, care, custody, and management ’ of his children is a liberty interest far more important than any property right.” (La.
- State of Louisiana in the Interest of C. C., Jr., P. B., M. B., J. B. La. Ct. App. 5th Cir. 2021
- Billie Cook v. Sharon Sullivan La. Ct. App. 2d Cir. 2020
- Karen Cohen Kinnett Versus Jarred Brandon Kinnett La. Ct. App. 5th Cir. 2020
- In re State in Interest of T.A.G. 269 So. 3d 1159 La. Ct. App. 2d Cir. 2019
- In Re: L.M.M., Jr., a Minor La. 2018
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In re S.D.
250 So. 3d 1097
La. Ct. App. 2d Cir. 2018
Article 1138 was enacted in *1099 1991, following the Louisiana Supreme Court's recommendations in In Re Adoption of BGS , (La.
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In re J.L.C.K.
238 So. 3d 559
La. Ct. App. 5th Cir. 2018
art. 1138 read, in pertinent part, that the article is "consistent with requirements declared by the Supreme Court" and also that the criteria for assessing the father's rights are derived from (1990).
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In re Termination Parental Rights to the Minor Child Baby A
241 So. 3d 1182
La. Ct. App. 1st Cir. 2018
In Adoption of B.G.S., , 550 (La.
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In re L.M.M.
230 So. 3d 301
La. Ct. App. 1st Cir. 2017
Tracie F., 188 So.3d at 242 ; (La.
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State ex rel. D.B.
206 So. 3d 1021
La. Ct. App. 1st Cir. 2016
A mere biological link between a father and child “does not guarantee him a constitutional stake in his relationship with that child, such a link combined with a *1025 substantial parent-child relationship will do so.” (La.
- Ferrand v. Ferrand 221 So. 3d 909 La. Ct. App. 1st Cir. 2016
- Tracie F. v. Francisco D. 188 So. 3d 231 La. 2016
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Tracie F. v. Francisco D.
174 So. 3d 781
La. Ct. App. 2d Cir. 2015
citing Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct.
- In re A.S. 181 So. 3d 106 La. Ct. App. 1st Cir. 2015
- Shropshire v. ANCO Installation 168 So. 3d 601 La. Ct. App. 1st Cir. 2014
- Kerry J. Clofer v. Jeannette August La. Ct. App. 3d Cir. 2014
- Clofer v. August 139 So. 3d 1245 La. Ct. App. 1st Cir. 2014
- State ex rel. T.J. 124 So. 3d 484 La. Ct. App. 2d Cir. 2013
- Boudreaux v. Larpenter 110 So. 3d 159 La. Ct. App. 1st Cir. 2012
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Richard L. Gill v. Gabrielle A. Bennett & Laurie Bridges
La. Ct. App. 3d Cir. 2011
citing Santosky v. Kramer, 455 U.S. 745, 102 S.Ct.
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Gill v. Bennett
82 So. 3d 383
La. Ct. App. 1st Cir. 2011
citing Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct.
- State ex rel. B.E.M. 36 So. 3d 317 La. Ct. App. 1st Cir. 2010
- City of Kenner v. Kenner Municipal Fire & Police Civil Service Board 31 So. 3d 473 La. Ct. App. 1st Cir. 2010
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Suttle v. Easter
26 So. 3d 1001
La. Ct. App. 2d Cir. 2009
State in the Matter of R.E., 94-2657 (La.11/9/94), ; citing Lehr v. Robertson, 463 U.S. 248 , 103 S.Ct.
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Jones v. Coleman
18 So. 3d 153
La. Ct. App. 2d Cir. 2009
citing Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct.
- Reed v. Department of Police 967 So. 2d 606 La. Ct. App. 4th Cir. 2007
- State v. Bates 927 So. 2d 417 La. Ct. App. 1st Cir. 2005
- In Re McLarrin 865 So. 2d 317 La. Ct. App. 2d Cir. 2004
- Plaquemines Parish v. RIVER/ROAD CONST. 828 So. 2d 16 La. Ct. App. 4th Cir. 2002
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State ex rel. J.M.
818 So. 2d 802
La. Ct. App. 1st Cir. 2002
In re Elliott, 93-750 (La.App.
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State ex rel. SNW v. Mitchell
788 So. 2d 1271
La. Ct. App. 1st Cir. 2001
J.A., 99-2905 (La.1/12/00); ; State v. Peniston, 235 La.
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Garden District Neighborhood Improvement Ass'n v. Garden District Development Group, LLC
789 So. 2d 738
La. Ct. App. 1st Cir. 2001
The cases cited by GDNIA, and Fields v. State, Department of Public Safety and Corrections, 98-0611 (La.7/8/98), , all deal with situations in which due process requires .that notice must be given to an individual whose fundamental rights or property rights were being directly affected and do not stand for a requireme
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Anderson v. Cunningham
786 So. 2d 940
La. Ct. App. 2d Cir. 2001
Fields v. State, 98-0611 (La.7/8/98)
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In the Interest of A.D.H.
784 So. 2d 854
La. Ct. App. 1st Cir. 2001
In re Elliott, 93-750 (La.App.
- State ex rel. T.L.B. 783 So. 2d 626 La. Ct. App. 1st Cir. 2001
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In Re Adoption of JLG
808 So. 2d 491
La. Ct. App. 1st Cir. 2001
In Adoption of B.G.S., the Louisiana Supreme Court explained, "[T]he mere existence of a biological link and fitness will not sustain the father's interest; it is defeasible if not preserved by dedicated, opportune fatherly action."
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Bays v. Bays
779 So. 2d 754
La. 2001
In re A.J.F., XXXX-XXXX (La.6/30/00), , 55, citing
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In Re Adoption of APC
776 So. 2d 567
La. Ct. App. 5th Cir. 2000
*571 The comments following Article 1138 note, in pertinent part, that the article is "consistent with requirements declared by the Supreme Court" and also that the criteria for assessing the father's rights are derived from (1990).
- State ex rel. D.R.B. 777 So. 2d 508 La. Ct. App. 1st Cir. 2000