In Louisiana you can voluntarily give temporary custody of a child by using a form called “Provisional Custody By Mandate”. A mandate in Louisiana is basically a power of attorney, so you are naming someone else to act as your child’s parent, on a limited basis. This voluntary temporary custody can be used if:
- You are the parent(s) of the child.
- You have parental rights for that child.
- You have mental capacity (you are sane).
The best part about giving temporary custody in this matter is that you do not have to go to court to do it. That means that it is fairly inexpensive, and you can do it quickly. By simply filling out the form, and then both of you signing it in front of a notary, you are all set.
This is a temporary act. It will only be effective for a maximum of one year, and you can make it shorter than that if you want to. Some people choose to create a provisional custody by mandate every year, which is easy to do. If you want to grant permanent custody, you need to go to the family court to do that. You can also cancel the mandate at any time. For instance, if you change your mind next week, you can simply cancel it.
If this is done correctly, the acting parent can represent you as the child’s parent on any manner. They can register your kid for school, bring him to the doctor’s office, discipline them, and anything else that a parent can do.
The agent (acting parent) must take care of the child’s well being. If the agent decides that they no longer want custody of the child, they can also cancel it at any time.
The best way to explain provisional custody is with an example:
- Sarah is the mother of four year old Tammy. Sarah has to go to Mexico n business for a month, and she does not want to bring Tammy with her due to safety concerns. Sarah asks her brother Alec if he will look after Tammy while she is gone. Alec agrees, and since Sarah is smart she decides to create a power of attorney (mandate) so that Alec can fully represent her while she is gone, in regards to the parenting of Tammy. Sarah calls George the notary at 225-907-5280. George asks for certain details and creates the provisional custody by mandate. They all get together, sign and notarize the form, and Sarah and Alec have an original mandate. Now Sarah can go on her trip knowing that Alec can legally act as the parent of Tammy while she is gone.
If you have any questions about this form of voluntary temporary custody in Louisiana, feel free to call me at 225-907-5280. Thank you for reading!