Divorce

What is Provisional Custody by Mandate in Louisiana in 2021?

Louisiana child custody laws

Temporary custody in Louisiana is quite common. You probably have questions. You may have spent a considerable amount of time searching for a temporary custody form or a provisional custody by mandate form. This article will help shed some light.

If you’ve gone through a divorce in Louisiana and have children, you’ve likely dealt with child custody in some form. Either you made an agreement with your spouse regarding child custody or you went to court and had the judge decide on your custody matter. Either way, child custody in Louisiana can be a gut-wrenching situation to go through. You may want to consult with an experienced family law attorney in Louisiana to assist you with custody proceedings.  

Many people in Louisiana have questions regarding child custody and temporary child custody. If you don’t agree to custody and visitation with your spouse, you will have to have court and the judge will hear evidence presented by both sides and will make a decision. There are certain factors that come into play when litigating your child custody case. The judge will use the factors presented in Louisiana Civil Code Article 134 and will make his or her decision based on the best interest of the child. These factors include: 

(1) The potential for the child to be abused, as defined by Children’s Code Article 603, which shall be the primary consideration.

(2) The love, affection, and other emotional ties between each party and the child.

(3) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

(4) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

(5) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

(6) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(7) The moral fitness of each party, insofar as it affects the welfare of the child.

(8) The history of substance abuse, violence, or criminal activity of any party.

(9) The mental and physical health of each party. Evidence that an abused parent suffers from the effects of past abuse by the other parent shall not be grounds for denying that parent custody.

(10) The home, school, and community history of the child.

(11) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

(12) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party, except when objectively substantial evidence of specific abusive, reckless, or illegal conduct has caused one party to have reasonable concerns for the child’s safety or well-being while in the care of the other party.

(13) The distance between the respective residences of the parties.

14) The responsibility for the care and rearing of the child previously exercised by each party.

This is an abbreviated list and you should read more about child custody here

The judge will take the “Best interest of the child” factors into consideration when making his or her decision to rule on the case. The court may consider other factors, evidence and can place various weights on the importance on each factor depending on the case.  

What is Temporary Custody in Louisiana? 

There are numerous instances where the court may award temporary custody to a parent or individual. Temporary Custody can be given to a parent, custodian, legal guardian or family member and can last for a specific amount of time or it can be in place until the parent or parents do what is asked of them by the court. It’s not permanent, but can ensure that your children are adequately taken care of if you are not able to at the moment.  

While temporary custody is often done by agreement, it isn’t always a parental choice. There are many unfortunate instances where a child may be removed from the home based on abuse or neglect and temporary custody may be awarded to another individual. The parents may have to work a case plan with the State and go to Juvenile Court in order to get their children back. The process could take months to years depending on the facts of the case.  

What is a Provisional Custody by Mandate in Louisiana? 

You may have read about Provisional Custody by Mandate when researching child custody. Also known as a “Provisional Custody by Mandate Affidavit.”

Depending on your location, this form can be used when you need another individual to help take care of your child such as enrolling them in school or other services. While this affidavit does not transfer your rights to your children to someone else, it does allow the child or children’s parents or legal guardian to name another person to allow then to give your children care, custody and control to allow them to help with certain aspects of child rearing.  

A Provisional Custody by Mandate Louisiana form covers topics such as school enrollment, shelter, support, medical care and appointments, disciplining the child, welfare, governmental programs and support. It’s good from one year from the date it was signed by the parties, but you can have them extended in some circumstances.  

Only parents or those who have been deemed appropriate by law can utilize this form and the child must be less than 18 years old for it to be effective.  

Parents of children may encounter situations where they need someone to help with their children. Provisional Custody by Mandate gives parents a way to name another individual the power to give care, custody and control of their minor child or children. 

When Should a Parent Use Provisional Custody by Mandate?

Situations may arise where a parent is unable to properly care for their children for the time being. Common situations include, but are not limited to: long term military service, debilitating illness or injury, parent’s inability to provide financial care for a child, etc. 

How do You Do a Provisional Custody by Mandate?

The parent or legal guardian will use the Louisiana Provisional Custody by Mandate form. The parents and the person who is accepting care of the children will sign the form in front of a Notary and (2) witnesses. It’s important that you bring the form to be signed with witnesses in front of a Notary. 

Who Can Use the Provisional Custody by Mandate Form in Louisiana? 

Parents or other legally qualified guardians can utilize the form to name a person to assist with taking care of their children and to make a limited section of decisions for that particular child. 

The form is not available for people who aren’t legal guardians of the child. If you need help determining whether you are the proper person to use the form, you need to contact a lawyer that specializes in family law that can help you. 

How Long Does a Provisional Custody by Mandate Form in Louisiana Last?

The form is valid for one year from the date it was signed and executed. There are limited situations that can cause the form to expire at an earlier date. Again, speak with an attorney to be sure. 

What Decisions Does a Provisional Custody by Mandate Allow to be Made for the Child?

A signed provisional custody by mandate form Louisiana gives a limited amount of authority to the person. The parent or legal guardian can pick and choose what they wish the other person to be able to do for their children. 

  • 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 necessary for the child’s proper education.
  • Disciplining the child in such reasonable manner as may be necessary for the child’s 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.

Where Can I Find the Provisional Custody by Mandate Form Louisiana?

You can find the form HERE. The notary can help you fill out the form and answer questions you may have. You can also bring your attorney if you wish.

If you have questions about temporary child custody or provisional custody by mandate in Louisiana, you must speak with an experienced family law attorney as the law can be complex and difficult to understand.  

Disclaimer: This article is not intended to dispense legal advice. You must speak with an attorney with any questions.  

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