Louisiana Custody Agreement Without Court

State:
Louisiana
Control #:
LA-5179
Format:
Word; 
Rich Text
Instant download

Description

This is a joint custody agreement by the divorced parents of a minor, in which the mother is domiciliary parent. Issues addressed in the document include visitation, tax exemption, change of residence of parent, health care, education and communication. If the issue of child custody and visitation is not raised in a court action, the agreement worked out between the parents is left undisturbed. The agreement does not have to be reduced to a writing signed by both parents but a written, signed parenting plan is often preferable for future reference. In addition, a written, signed parenting plan can typically be entered as a Stipulation between the parties and then issued as a court order for future enforcement purposes.
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FAQ

A written petition has to be filed in the court that does juvenile cases where the parents or you live. At least one of the parents has to sign the petition. You will sign an affidavit attached to the petition saying you are willing to take custody of the child.

Is a Notarized Child Custody Agreement Enforceable in Court? A notarized child custody agreement is not enforceable by a court. A signed and notarized child custody agreement is enforceable as a contract between the parents, but the court will not enforce the agreement until it is incorporated into a court order.

The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.

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.

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.

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Louisiana Custody Agreement Without Court