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Louisiana Provisional Custody by Mandate

Basic information and a computer form for Provisional Custody by Mandate in Louisiana.

Find out more about Provisional Custody by Mandate

Introduction

This guide gives some general information about Provisional Custody by Mandate. This is sometimes called "PCBM." This guide does not tell you if you need to fill out this form. This guide does not say if this form is right for your situation. If you are not sure if you should use this form or if you can use this form try to find a lawyer to help you.

There are programs that offer free legal help for low-income or other qualified people.  You can search for free legal help in your parish on http://www.louisianalawhelp.org/: http://louisianalawhelp.org/find-legal-help/directory/area

This guide is not legal advice. You can only get legal advice from a lawyer licensed to practice in your state who agrees to help you with your specific situation.

About Provisional Custody by Mandate

Sometimes Provisional Custody by Mandate (PCBM) is called a "Provisional Custody Affidavit." Sometimes this is called a "Custody by Mandate Affidavit."  Sometimes this form is needed by someone who is taking care of a child, trying to enroll a child in school or to get other services for a child.

Louisiana Appleseed has a detailed guide about Provisional Custody by Mandate and getting children into school. Click on the link below to see that guide.

https://www.appleseednetwork.org/wp-content/uploads/2014/06/Custody-Affidavits-and-School-Enrollment.pdf

What is Provisional Custody by Mandate?

Provisional Custody by Mandate is a way for a child's parents or other legally qualified people to name another person to give "care, custody and control" of a minor child.

A minor is a child less than 18 years old. 

This form can be used by parents. This form can also be used by others who have the power under the law to name another person to take care of the child and to make some decisions that affect the child.

This guide does not cover affidavits by people who are not legal custodians of a child. If you are not sure if you can or should use this form, try to find a lawyer to help you.

How long does Provisional Custody by Mandate last? When does it expire?

The signed form is good for one year from the date it is signed. Some events can make the form expire sooner.  

What can the person who gets Provisional Custody by Mandate do for the child?

The person giving someone Provisional Custody by Mandate can pick which things he or she wants the other person to do for the child. These things cover broad areas like medical care, school, discipline, and taking care of the child's shelter, support and overall welfare. Here is what the law says these things are:

(1)  Consenting to and authorizing such medical care, treatment, or surgery as may be deemed necessary for the health, safety, and welfare of the child.  

(2)  Enrolling the child in such schools or educational institutions as may be deemed necessary for his due and proper education.  

(3)  Disciplining the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.  

(4)  Doing and performing all other such acts as may be necessary for the shelter, support, and general welfare of the child.  

Warning!

Provisional Custody by Mandate does not necessarily relieve the parent of a duty to provide for a child and to communicate with a child. Parental rights can be terminated for abandonment if either does not happen for a period of six (6) months. 

Is there a form for Provisional Custody by Mandate?

Yes. The law about Provisional Custody by Mandate includes a form. This guide has a version of that form you can fill out on the computer. 

The Law of Provisional Custody by Mandate

The main sections of the law about Provisional Custody by Mandate are in Title 9 of the Louisiana Revised Statutes, starting with Section 951.

See the tab "Some Louisiana Laws about Provisional Custody by Mandate," that has links to the site of the Louisiana Legislature, which should have the latest version of each section of this group of laws.