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Terms Used In Louisiana Children's Code 1514

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Legal custody: means a legal status created by court order that vests in a custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline and to provide food, shelter, education, and ordinary medical care, all subject to any residual parental rights and responsibilities. See Louisiana Children's Code 1511

A.  A proceeding under this Chapter shall be commenced by written petition.

B.  Except as otherwise provided in this Article, all persons or organizations lawfully exercising legal custody of the child shall join in the petition.

C.  If a legal custodian is unable or unwilling to join in the petition, the petition shall state with particularity the reasons therefor.

D.  If a guardian has been appointed, a petition for voluntary transfer may not be filed. To change a guardianship order a motion to modify the guardianship may be filed in accordance with Article 724.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.