This form is a revocation of the authority granted in Form LA-P007.
Louisiana Revocation of Power of Attorney for Care of Child or Provisional Custody by Mandate
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FAQ
One of the biggest mistakes in a custody battle is failing to focus on the child's best interests. Parents may become emotionally charged or overly focused on winning, which can cloud their judgment. It's essential to document your involvement in the child's life and cooperate with the other parent when possible. By keeping the needs of the child at the forefront, you can create a more favorable outcome in light of the Louisiana Revocation of Power of Attorney for Care of Child or Provisional Custody by Mandate.
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.
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.
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.
Provisional custody is a term referring to the temporary custody of a minor by a parent during litigation of a divorce, dissolution, or separation, or by someone other than the parents.
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.
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.
