Louisiana Provisional Custody by Mandate Law and Revocation

Divorce – Child Custody – Louisiana


STATUTORY REFERENCE
ALL REFERENCES ARE TO THE LOUISIANA REVISED STATUTESPROVISIONAL CUSTODY (of Children) BY MANDATE
(§§ 9:951 through 9:954)

Parents acting jointly or, in the event of divorce or separation from bed and board or illegitimacy, the natural tutor, tutrix, or cotutors acting jointly, may authorize any person of legal age to provide for the care, custody, and control of a minor child.

Any person who could qualify as a natural tutor, tutrix, or cotutor pursuant to Section 2 of Chapter 1 of Title VIII of Book I of the Louisiana Civil Code may confer provisional custody by mandate of a child lawfully within his care, custody, and control, although he has not judicially qualified for the office of natural tutor, tutrix, or cotutor.

A mandate of provisional custody is effective for the duration of time provided in the mandate, but it may not exceed one year from date of execution.

Regardless of the duration provided in the mandate, provisional custody terminates:

When revoked by either parent, by a natural tutor or tutrix, or by either natural cotutor.

When the agent resigns or otherwise, renounces the mandate.

Fifteen days after the death of either parent, natural tutor or tutrix, or natural cotutor.

Upon the qualification of a court appointed tutor or provisional tutor.

In addition to the general functions, powers, and duties accorded to tutors pursuant to Chapter 8 of Title VI of Book VII of the Code of Civil Procedure, except those that require court approval, a mandate of child custody may provide for the health, education, and welfare of the child, which, if so indicated, may include the following:

Consenting to and authorizing such medical care, treatment, or surgery as may be deemed necessary for the health, safety, and welfare of the child.

Enrolling the child in such schools or educational institutions as may be deemed necessary for his due and proper education.

Disciplining the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.

Doing and performing all other such acts as may be necessary for the shelter, support, and general welfare of the child.

The statutory form is a suggested form which may be used by a parent, natural tutor, tutrix, or cotutors acting jointly to confer the power of provisional custody for the care, custody, and control of a named minor child.


STATUTORY REFERENCE
ALL REFERENCES ARE TO THE LOUISIANA REVISED STATUTESREVOCATION OF PROVISIONAL CUSTODY (of Children) BY MANDATE
(§§ 9:951 through 9:954)

Parents acting jointly or, in the event of divorce or separation from bed and board or illegitimacy, the natural tutor, tutrix, or cotutors acting jointly, may authorize any person of legal age to provide for the care, custody, and control of a minor child.

Any person who could qualify as a natural tutor, tutrix, or cotutor pursuant to Section 2 of Chapter 1 of Title VIII of Book I of the Louisiana Civil Code may confer provisional custody by mandate of a child lawfully within his care, custody, and control, although he has not judicially qualified for the office of natural tutor, tutrix, or cotutor.

A mandate of provisional custody is effective for the duration of time provided in the mandate, but it may not exceed one year from date of execution.

Regardless of the duration provided in the mandate, provisional custody terminates:

When revoked by either parent, by a natural tutor or tutrix, or by either natural cotutor.

When the agent resigns or otherwise, renounces the mandate.

Fifteen days after the death of either parent, natural tutor or tutrix, or natural cotutor.

Upon the qualification of a court appointed tutor or provisional tutor.

In addition to the general functions, powers, and duties accorded to tutors pursuant to Chapter 8 of Title VI of Book VII of the Code of Civil Procedure, except those that require court approval, a mandate of child custody may provide for the health, education, and welfare of the child, which, if so indicated, may include the following:

Consenting to and authorizing such medical care, treatment, or surgery as may be deemed necessary for the health, safety, and welfare of the child.

Enrolling the child in such schools or educational institutions as may be deemed necessary for his due and proper education.

Disciplining the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.

Doing and performing all other such acts as may be necessary for the shelter, support, and general welfare of the child.

The statutory form is a suggested form which may be used by a parent, natural tutor, tutrix, or cotutors acting jointly to confer the power of provisional custody for the care, custody, and control of a named minor child.

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