Legal Question in Family Law in Louisiana

Provisional Custody by Mandate

My son's mother signed provisional custody of my son over to my father seven years ago. My son then came to live with me & my wife 3 1/2 years ago. Now his mother is deciding she wants custody back. Can my father sign custody over to me & my wife without my sons' mother giving consent?


Asked on 11/28/07, 9:26 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Provisional Custody by Mandate

A Provisional Custody by Mandate is valid for ONLY ONE YEAR from date it is signed, OR SOONER IF THE GRANTOR rescinds it. So, unless the child's mother signed a NEW Provisional Custody by Mandate every year, the grant is no longer valid. Therefore, if she wants the child, she can come get it, especially if a Court originally granted her custody. Even if the Provisional Custody by Mandate was granted within a year, your father cannot transfer it, since if the mom wants custody, she is rescinding the Mandate. If no Court granted her custody, then you have as much right as she does, and probably more since you have had the child for over 3 years. Why haven't you petitioned the Court for custody before now? Petition the Court immediately and unless you are a pervert, you will probably get legal custody of the child. Even if the court originally granted her custody, the child has not lived with her for over 7 years, so you have the upper hand. Please email me the progress of this case. I find it fascinating.

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Answered on 11/28/07, 11:00 am


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