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Louisiana Statutory General Power of Attorney for Care and Custody of Child or Children - Provisional Custody by Mandate

State:
Louisiana
Control #:
LA-P007
Format:
Word; 
Rich Text
Instant download

Description

This Mandate is a form which provides for the appointment of an agent to exercise certain specific control(s)over your child(ren).
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FAQ

One of the biggest mistakes in a custody battle is failing to prioritize the child's best interests. Many parents become consumed by emotions and personal conflicts rather than focusing on what truly benefits the child. Utilizing strategies grounded in the Louisiana Statutory General Power of Attorney for Care and Custody of Child or Children - Provisional Custody by Mandate can guide you toward better decisions.

Parenting Time or Visitation Louisiana law states that a child has a right to time with both parents, so if the court awards one parent primary physical custody, the judge will order visitation for the noncustodial parent.

The relationship between the child and each parent.The relationship between the child and any siblings residing in the parents' households.Each parent's ability to care for the child.Each parent's ability to provide shelter, clothing, and food for the child.Father's Rights in Louisiana - Louisiana Fathers- Family Law Rights\nwww.familylawrights.net > Louisiana Family Law Help

A: From the time that the petition for guardianship is filed, it may take up to four months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation, by the court, as to the appropriateness of the guardianship.

The child must have been found to be a Child in Need of Care by the court. Then the Department of Children and Family Services (DCFS), the parent or the attorney for the child may make a request of the court asking that a guardian be appointed. The child must have lived with the guardian for at least 6 months.

Some judges have stated that a 5-year-old child is too young to have an opinion on custody and won't consider such a young child's opinion at all. If the child is at least 12 years old, courts will usually give the child's preference some weight. Courts don't have to follow a child's custodial preference.

Assuming they all agree and your father needs a guardian, you should be appointed fairly quickly. So, it could be anywhere from $1000 to $2000 depending on all of the factors. Maybe less than $1000 if it is a straightforward case. However, it is probably better if you get a lawyer to help you.

The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.

You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents.

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Louisiana Statutory General Power of Attorney for Care and Custody of Child or Children - Provisional Custody by Mandate