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The child's parent(s) must be living and must want you to take care of the grandchild. This is known as Provisional Custody by Mandate under Louisiana law. Provisional custody lasts for one year at a time. It can be renewed by the grandparents and parents of the child on an annual basis.
Louisiana allows parents to seek an emergency child custody order that lasts for up to 45 days and can keep a child away from an abusive parent until more permanent arrangements can be made.
On a temporary basis, this form may be the simplest solution. How is it done? A Provisional Custody by Mandate is done by affidavit. The form is signed by the parents and you in front of a notary and two witnesses.
Temporary custody is only good for a limited time period and may only be extended for an additional 15 days by the court. During that time period the court must conduct a full hearing, to determine if the custody should remain with you. The time period depends on the type of temporary custody you request.
Extraordinary Circumstances for Requesting Custody. In situations where the child faces abuse or neglect by the parents, the grandparents may file a protective order as an emergency measure to remove the children from harm. This is a stopgap effort that allows grandparents to request temporary custody immediately.