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PROVISIONAL CUSTODY BY MANDATE STATE OF LOUISIANA PARISH OF BE IT KNOWN THAT on this day of , 20 , before me, the undersigned notary, and in the presence of the competent witnesses hereinafter named.

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How to fill out the Provisional Custody online

Filling out the Provisional Custody by Mandate form can seem daunting, but this guide will break down each section, providing you with clear and supportive instructions. Whether you are a person with little legal experience or just looking to better understand the process, this comprehensive guide will help you navigate the online form effectively.

Follow the steps to fill out the Provisional Custody form with ease.

  1. Click the ‘Get Form’ button to obtain the Provisional Custody form and open it in a suitable editor.
  2. Enter the date on the top line, representing the day you are completing the form. Be sure to write it in the format of day, month, and year.
  3. In the space provided for ‘affiant’s name, marital status, mailing address’, write the full name of the person granting custody, their marital status, and their current mailing address.
  4. Mention the name of the minor child or children for whom custody is being granted in the designated area.
  5. Fill in the name and mailing address of the agent being granted provisional custody in the corresponding section.
  6. Review the options listed for authority and initial beside each applicable provision, indicating consent for medical care, educational enrollment, discipline, and general welfare.
  7. Specify the duration of the provisional custody by writing the expiration date, either a specific date or one year from the completion date, whichever is shorter.
  8. Acknowledge the statement regarding third-party reliance by signing and dating at the bottom of the page.
  9. Ensure all required signatures are provided, including those of the agent, the parent/tutor, and any witnesses, along with the notary public.
  10. Finally, save your completed form, and choose to either download, print, or share the document as needed.

Start completing your Provisional Custody document online today for a smoother process.

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In Louisiana an order of "temporary custody" may last until a court determines that it is no longer necessary. Because the matter was done by agreement and not by a court hearing, it may be easier to regain visitation and/or custody.

Many Louisiana public school districts do not permit student enrollment under the Provisional Custody by Mandate scheme codified in Louisiana Revised Statutes, sections 951 through 954. Instead, these districts require a court-issued custody order adjudicating custody in favor of the non-parent guardian.

An ex parte order of temporary custody shall: (1) Expire by operation of law within thirty days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding fifteen days.

If the judge grants the emergency custody order, then a formal hearing will be set at a later date. The other parent will then be notified of the formal hearing for them to attend and present their case to the Court. The emergency custody order will expire on the day the formal hearing is set.

Under article 3945, to get an ex parte custody order, there must be a showing that a child will suffer certain harm, unless the Court issues an ex parte temporary custody order to protect the child. The harm must be both immediate and irreparable.

You only need a temporary guardianship for 6 months or less; AND. The parents will sign and notarize a temporary guardianship agreement.

What is Provisional Custody by Mandate? It is a temporary transfer of legal custody by the child's parent or parents naming another person to have "care, custody, and control" of a minor child. The child must be less than 18 years old.

You must prove to the judge, through affidavits, medical records, police reports, etc., that your child is in “immediate danger of irreparable harm” to be granted a temporary custody order.

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