Art. 1245.  Parental consent not necessary; burden of proof

A.  The consent of the parent as required by Article 1193 may be dispensed with upon proof by clear and convincing evidence of the required elements of either Paragraph B or C of this Article at the hearing on the opposition and petition.

B.  When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists:

(1)  The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.

(2)  The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.

C.  When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists:

(1)  The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.

(2)  The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2008, No. 778, §1; Acts 2010, No. 738, §1.