reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 103.1. Judgment of divorce; time periods

Art. 103.1. Judgment of divorce; time periods
The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows:
(1) One hundred eighty days where there are no minor children of the marriage.
(2) Three hundred sixty-five days when there are minor children of the marriage at the time the rule to show cause is filed in accordance with Article 102 or a petition is filed in accordance with Article 103.
Acts 2006, No. 743, §1, eff. Jan. 1, 2007; Acts 2010, No. 604, §1, eff. June 25, 2010; Acts 2014, No. 316, §1.
2023 Louisiana Laws › Civil Code › Art. 104. Reconciliation

Art. 104. Reconciliation
The cause of action for divorce is extinguished by the reconciliation of the parties.
Amended by Acts 1979, No. 677, §1; Acts 1980, No. 351, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 105. Determination of incidental matters

Art. 105. Determination of incidental matters
In a proceeding for divorce or thereafter, either spouse may request a determination of custody, visitation, or support of a minor child; support for a spouse; injunctive relief; use and occupancy of the family home or use of community movables or immovables; or use of personal property.
Acts 1984, No. 817, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 111. Spousal support; authority of court

CHAPTER 2. PROVISIONAL AND INCIDENTAL
PROCEEDINGS
SECTION 1. SPOUSAL SUPPORT
Art. 111. Spousal support; authority of court
In a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following Articles.
Amended by Acts 1928, No. 130; Acts 1979, No. 72, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2006, No. 749, §1, eff. June 30, 2006.
2023 Louisiana Laws › Civil Code › Art. 112. Determination of final periodic support

Art. 112. Determination of final periodic support
A. When a spouse has not been at fault prior to the filing of a petition for divorce and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph B of this Article.
B. The court shall consider all relevant factors in determining the amount and duration of final support, including:
(1) The income and means of the parties, including the liquidity of such means.
(2) The financial obligations of the parties, including any interim allowance or final child support obligation.
(3) The earning capacity of the parties.
(4) The effect of custody of children upon a party's earning capacity.
(5) The time necessary for the claimant to acquire appropriate education, training, or employment.
(6) The health and age of the parties.
(7) The duration of the marriage.
(8) The tax consequences to either or both parties.
(9) The existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of domestic violence.
C. When a spouse is awarded a judgment of divorce pursuant to Article 103(2), (3), (4), or (5), or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, that spouse is presumed to be entitled to final periodic support.
D. The sum awarded under this Article shall not exceed one-third of the obligor's net income. Nevertheless, when support is awarded after a judgment of divorce is rendered pursuant to Article 103(4) or (5), or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, the sum awarded may exceed one-third of the obligor's net income and may be awarded as a lump sum.
Amended by Acts 1916, No. 247; Acts 1928, No. 21; Acts 1934, 2nd Ex.Sess., No. 27; Acts 1964, No. 48; Acts 1979, No. 72, §1; Acts 1982, No. 293, §1; Acts 1986, No. 229, §1; Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2006, No. 749, §1, eff. June 30, 2006; Acts 2014, No. 316, §1; Acts 2014, No. 616, §1; Acts 2018, No. 265, §1.
2023 Louisiana Laws › Civil Code › Art. 113. Interim spousal support

Art. 113. Interim spousal support
A. Upon motion of a party, the court may award a party interim spousal support based on the needs of that party, the ability of the other party to pay, any interim or final child support obligation, and the standard of living of the parties during the marriage. An award of interim spousal support shall terminate one hundred eighty days from the rendition of a judgment of divorce, except that the award may extend beyond one hundred eighty days but only for good cause shown.
B. An obligation to pay final periodic support shall not begin until an interim spousal support award has terminated.
Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2001, No. 738, §1; Acts 2003, No. 1092, §1; Acts 2014, No. 316, §1; Acts 2014, No. 616, §1; Acts 2018, No. 265, §1.
2023 Louisiana Laws › Civil Code › Art. 114. Modification or termination of award of support

Art. 114. Modification or termination of award of support
An award of interim spousal support or final periodic support may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary. The subsequent remarriage of the obligor spouse shall not constitute a change of circumstance.
Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2001, No. 1049, §1; Acts 2018, No. 265, §1.
2023 Louisiana Laws › Civil Code › Art. 115. Extinguishment of support obligation

Art. 115. Extinguishment of support obligation
The obligation of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.
Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2018, No. 265, §1.
2023 Louisiana Laws › Civil Code › Art. 116. Modification of spousal support obligation

Art. 116. Modification of spousal support obligation
The obligation of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction or by authentic act or act under private signature duly acknowledged by the obligee.
Acts 1997, No. 1078, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 117. Peremptive period for obligation

Art. 117. Peremptive period for obligation
The right to claim after divorce the obligation of spousal support is subject to a peremption of three years. Peremption begins to run from the latest of the following events:
(1) The day the judgment of divorce is signed.
(2) The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years thereafter.
(3) The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described in Paragraph (1) or (2) and no more than three years has elapsed between payments.
Acts 1997, No. 1078, §1, eff. Jan. 1, 1998.
2023 Louisiana Laws › Civil Code › Art. 121. Claim for contributions to education or training; authority of court

SECTION 2. CLAIM FOR CONTRIBUTIONS TO
EDUCATION OR TRAINING
Art. 121. Claim for contributions to education or training; authority of court
In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse's earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.
The sum awarded may be in addition to a sum for support and to property received in the partition of community property.
Acts 1990, No. 1008, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §1.
2023 Louisiana Laws › Civil Code › Art. 123. Form of award; effect of remarriage or death

Art. 123. Form of award; effect of remarriage or death
The sum awarded for contributions made to the education or training of a spouse may be a sum certain payable in installments.
The award shall not terminate upon the remarriage or death of either party.
Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 124. Prescription of spousal claim for contributions

Art. 124. Prescription of spousal claim for contributions
The action for contributions made to the education or training of a spouse prescribes in three years from the date of the signing of the judgment of divorce or declaration of nullity of the marriage.
Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 131. Court to determine custody

SECTION 3. CHILD CUSTODY
Art. 131. Court to determine custody
In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child.
Amended by Acts 1888, No. 124; Acts 1979, No. 718, §1; Acts 1981, No. 283, §1; Acts 1982, No. 307, §1, eff. Jan. 1, 1983; Acts 1983, No. 695, §1; Acts 1984, No. 133, §1; Acts 1984, No. 786, §1; Acts 1986, No. 950, §1, eff. July 14, 1986; Acts 1989, No. 188, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.
2023 Louisiana Laws › Civil Code › Art. 132. Award of custody to parents

Art. 132. Award of custody to parents
If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the provisions of R.S. 9:364 apply or the best interest of the child requires a different award. Subject to the provisions of R.S. 9:364, in the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.
Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 2018, No. 412, §1, eff. May 23, 2018.
2023 Louisiana Laws › Civil Code › Art. 133. Award of custody to person other than a parent; order of preference

Art. 133. Award of custody to person other than a parent; order of preference
If an award of joint custody or of sole custody to either parent would result in substantial harm to the child, the court shall award custody to another person with whom the child has been living in a wholesome and stable environment, or otherwise to any other person able to provide an adequate and stable environment.
Acts 1986, No. 966, §1; Acts 1989, No. 546, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.
2023 Louisiana Laws › Civil Code › Art. 134. Factors in determining child's best interest

Art. 134. Factors in determining child's best interest
A. Except as provided in Paragraph B of this Article, the court shall consider all relevant factors in determining the best interest of the child, including:
(1) The potential for the child to be abused, as defined by Children's Code Article 603, which shall be the primary consideration.
(2) The love, affection, and other emotional ties between each party and the child.
(3) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
(4) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
(5) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
(6) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(7) The moral fitness of each party, insofar as it affects the welfare of the child.
(8) The history of substance abuse, violence, or criminal activity of any party.
(9) The mental and physical health of each party. Evidence that an abused parent suffers from the effects of past abuse by the other parent shall not be grounds for denying that parent custody.
(10) The home, school, and community history of the child.
(11) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
(12) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party, except when objectively substantial evidence of specific abusive, reckless, or illegal conduct has caused one party to have reasonable concerns for the child's safety or well-being while in the care of the other party.
(13) The distance between the respective residences of the parties.
(14) The responsibility for the care and rearing of the child previously exercised by each party.
B. In cases involving a history of committing family violence, as defined in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, including sexual abuse, as defined in R.S. 14:403(A)(4)(b), whether or not a party has sought relief under any applicable law, the court shall determine an award of custody or visitation in accordance with R.S. 9:341 and 364. The court may only find a history of committing family violence if the court finds that one incident of family violence has resulted in serious bodily injury or the court finds more than one incident of family violence.
Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 2018, No. 412, §1, eff. May 23, 2018.
2023 Louisiana Laws › Civil Code › Art. 136. Award of visitation rights

Art. 136. Award of visitation rights
A. Subject to R.S. 9:341 and 364, a parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child.
B. In addition to the parents referred to in Paragraph A of this Article, the following persons may be granted visitation if the parents of the child are not married or cohabitating with a person in the manner of married persons or if the parents of the child have filed a petition for divorce:
(1) A grandparent if the court finds that it is in the best interest of the child.
(2) Under extraordinary circumstances, any other relative, by blood or affinity, or a former stepparent or stepgrandparent if the court finds that it is in the best interest of the child. Extraordinary circumstances shall include a determination by a court that a parent is abusing a controlled dangerous substance.
C. Before making any determination under Subparagraph (B)(1) or (2) of this Article, the court shall hold a contradictory hearing as provided by R.S. 9:345 in order to determine whether the court should appoint an attorney to represent the child.
D. In determining the best interest of the child under Subparagraph (B)(1) or (2) of this Article, the court shall consider only the following factors:
(1) A parent's fundamental constitutional right to make decisions concerning the care, custody, and control of their own children and the traditional presumption that a fit parent will act in the best interest of their children.
(2) The length and quality of the prior relationship between the child and the relative.
(3) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative.
(4) The preference of the child if he is determined to be of sufficient maturity to express a preference.
(5) The mental and physical health of the child and the relative.
E. If the parents of a child are married and have not filed for divorce or they are living in concubinage, the provisions of R.S. 9:344 shall apply.
Acts 1992, No. 782, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 1995, No. 57, §1; Acts 2009, No. 379, §2; Acts 2012, No. 763, §1, eff. June 12, 2012; Acts 2014, No. 586, §1; Acts 2018, No. 383, §1; Acts 2018, No. 412, §1, eff. May 23, 2018.
2023 Louisiana Laws › Civil Code › Art. 136.1. Award of visitation rights

Art. 136.1. Award of visitation rights
A child has a right to time with both parents. Accordingly, when a court-ordered schedule of visitation, custody, or time to be spent with a child has been entered, a parent shall exercise his rights to the child in accordance with the schedule unless good cause is shown. Neither parent shall interfere with the visitation, custody or time rights of the other unless good cause is shown.
Acts 2008, No. 671, §1.
2023 Louisiana Laws › Civil Code › Art. 137. Denial of visitation; sex offense; death of a parent

Art. 137. Denial of visitation; sex offense; death of a parent
A. In a proceeding in which visitation of a child is being sought by a parent, if the child was conceived through the commission of a sex offense as provided by R.S. 15:541, the parent who committed the sex offense shall be denied visitation rights and contact with the child.
B. In a proceeding in which visitation of a child is being sought by a relative by blood or affinity, if the court determines, by a preponderance of the evidence, that the intentional criminal conduct of the relative resulted in the death of the parent of the child, the relative shall be denied visitation rights and contact with the child.
Acts 2001, No. 499, §1; Acts 2010, No. 873, §1, eff. July 2, 2010; Acts 2012, No. 763, §1, eff. June 12, 2012; Acts 2023, No. 271, §2, eff. June 9, 2023.
2023 Louisiana Laws › Civil Code › Art. 141. Child support; authority of court

SECTION 4. CHILD SUPPORT
Art. 141. Child support; authority of court
In a proceeding for divorce or thereafter, the court may order either or both of the parents to provide an interim allowance or final support for a child based on the needs of the child and the ability of the parents to provide support.
The court may award an interim allowance only when a demand for final support is pending.
Acts 1993, No. 261, §6, eff. Jan. 1, 1994.
2023 Louisiana Laws › Civil Code › Art. 142. Modification or termination of child support award

Art. 142. Modification or termination of child support award
An award of child support may be modified if the circumstances of the child or of either parent materially change and shall be terminated upon proof that it has become unnecessary.
Acts 1993, No. 261, §6, eff. Jan. 1, 1994; Acts 2001, No. 1082, §2.
2023 Louisiana Laws › Civil Code › Art. 151. Proceeding for declaration of nullity of a marriage; interim incidental relief

SECTION 5. PROVISIONAL AND INCIDENTAL PROCEEDINGS
IN ACTIONS OF NULLITY
Art. 151. Proceeding for declaration of nullity of a marriage; interim incidental relief
In a proceeding for declaration of nullity of a marriage, a court may award a party the incidental relief afforded in a proceeding for divorce.
Acts 1993, No. 108, §1, eff. Jan. 1, 1994.
2023 Louisiana Laws › Civil Code › Art. 152. Proceeding for declaration of nullity of a marriage; final incidental relief

Art. 152. Proceeding for declaration of nullity of a marriage; final incidental relief
After the declaration of nullity of a marriage, a party entitled to the civil effects of marriage may seek the same relief as may a divorced spouse.
Incidental relief granted pending declaration of nullity to a party not entitled to the civil effects of marriage shall terminate upon the declaration of nullity.
Nevertheless, a party not entitled to the civil effects of marriage may be awarded custody, child support, or visitation. The award shall not terminate as a result of the declaration of nullity.
Acts 1993, No. 108, §1, eff. Jan. 1, 1994.
2023 Louisiana Laws › Civil Code › Art. 159. Effect of divorce on community property regime

CHAPTER 3. EFFECTS OF DIVORCE
Art. 159. Effect of divorce on community property regime
A judgment of divorce terminates a community property regime retroactively to the date of filing of the petition in the action in which the judgment of divorce is rendered. The retroactive termination of the community shall be without prejudice to rights of third parties validly acquired in the interim between the filing of the petition and recordation of the judgment.
Amended by Acts 1977, No. 483, §2; Acts 1979, No. 711, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 184. Maternity

CHAPTER 2. FILIATION BY PROOF OF MATERNITY OR PATERNITY
SECTION 1. PROOF OF MATERNITY
Art. 184. Maternity
Maternity may be established by a preponderance of the evidence that the child was born of a particular woman, except as otherwise provided by law.
Amended by Acts 1976, No. 430, §1; Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2009, No. 3, §3, eff. June 9, 2009.
2023 Louisiana Laws › Civil Code › Art. 185. Presumption of paternity of husband

SECTION 2. PROOF OF PATERNITY
SUBSECTION A. THE PRESUMPTION OF PATERNITY OF HUSBAND; DISAVOWAL OF PATERNITY; CONTESTATION; ESTABLISHMENT OF PATERNITY
Art. 185. Presumption of paternity of husband
The husband of the mother is presumed to be the father of a child born during the marriage or within three hundred days from the date of the termination of the marriage.
Amended by Acts 1976, No. 430, §1; Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2009, No. 3, §3, eff. June 9, 2009.
2023 Louisiana Laws › Civil Code › Art. 186. Presumption if child is born after divorce or after death of husband; effect of disavowal

Art. 186. Presumption if child is born after divorce or after death of husband; effect of disavowal
If a child is born within three hundred days from the day of the termination of a marriage and his mother has married again before his birth, the first husband is presumed to be the father.
If the first husband, or his successor, obtains a judgment of disavowal of paternity of the child, the second husband is presumed to be the father. The second husband, or his successor, may disavow paternity if he institutes a disavowal action within a peremptive period of one year from the day that the judgment of disavowal obtained by the first husband is final and definitive.
Amended by Acts 1976, No. 430, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 187. Disavowal action; proof

Art. 187. Disavowal action; proof
The husband may disavow paternity of the child by clear and convincing evidence that he is not the father. The testimony of the husband shall be corroborated by other evidence.
Amended by Acts 1976, No. 430, §1; Acts 1989, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 188. Disavowal precluded in case of assisted conception

Art. 188. Disavowal precluded in case of assisted conception
The husband of the mother may not disavow a child born to his wife as a result of an assisted conception to which he consented.
Amended by Acts 1976, No. 430, §1; Acts 1989, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 189. Time limit for disavowal by the husband

Art. 189. Time limit for disavowal by the husband
The action for disavowal of paternity is subject to a liberative prescription of one year. This prescription commences to run from the day of the birth of the child, or the day the husband knew or should have known that he may not be the biological father of the child, whichever occurs later.
Nevertheless, if the husband lived separate and apart from the mother continuously during the three hundred days immediately preceding the birth of the child, this prescription does not commence to run until the husband is notified in writing that a party in interest has asserted that the husband is the father of the child.
Amended by Acts 1976, No. 430, §1; Acts 1999, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2016, No. 309, §1.
2023 Louisiana Laws › Civil Code › Art. 190. Time limit for disavowal by heir or legatee

Art. 190. Time limit for disavowal by heir or legatee
If the prescription has commenced to run and the husband dies before the prescription has accrued, his successor whose interest is adversely affected may institute an action for disavowal of paternity. The action of the successor is subject to a liberative prescription of one year. This prescription commences to run from the day of the death of the husband.
If the prescription has not yet commenced to run, the action of the successor is subject to a liberative prescription of one year. This prescription commences to run from the day the successor is notified in writing that a party in interest has asserted that the husband is the father of the child.
Amended by Acts 1976, No. 430, §1; Acts 1999, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 190.1. Three-party acknowledgment; alternative to disavowal; time period

Art. 190.1. Three-party acknowledgment; alternative to disavowal; time period
If blood or tissue sampling indicates by a ninety-nine and nine-tenths percentage point threshold probability that the biological father is the father of the child and he is not the husband or former husband presumed to be the father of the child, then the husband or former husband presumed to be the father of the child, the mother, and the biological father of the child may execute a three-party acknowledgment in authentic form declaring that the husband or former husband is not the father of the child and that the biological father is the father of the child. When a three-party acknowledgment is executed, the husband or former husband is not presumed to be the father of the child. The biological father who has acknowledged the child by three-party acknowledgment is presumed to be the father of the child.
To have effect, this acknowledgment shall be executed no later than ten years from the day of the birth of the child but never more than one year from the day of the death of the child. These time periods are peremptive.
Acts 2018, No. 21, §2, eff. May 7, 2018.
2023 Louisiana Laws › Civil Code › Art. 191. Contestation and establishment of paternity by mother

Art. 191. Contestation and establishment of paternity by mother
The mother of a child may institute an action to establish both that her former husband is not the father of the child and that her present husband is the father. This action may be instituted only if the present husband has acknowledged the child by authentic act.
Acts 2004, No. 530, §1, eff. June 25, 2004; Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2016, No. 309, §1.
2023 Louisiana Laws › Civil Code › Art. 192. Contestation action; proof

Art. 192. Contestation action; proof
The mother shall prove by clear and convincing evidence both that her former husband is not the father and that her present husband is the father. The testimony of the mother shall be corroborated by other evidence.
Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 193. Contestation and establishment of paternity; time period

Art. 193. Contestation and establishment of paternity; time period
The action by the mother shall be instituted within a peremptive period of one hundred eighty days from the marriage to her present husband and also within two years from the day of the birth of the child, except as may otherwise be provided by law.
Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 195. Presumption by marriage and acknowledgment; child not filiated to another man; proof; time period

SUBSECTION B. PRESUMPTION OF PATERNITY BY SUBSEQUENT
MARRIAGE AND ACKNOWLEDGMENT
Art. 195. Presumption by marriage and acknowledgment; child not filiated to another man; proof; time period
A man who marries the mother of a child not filiated to another man and who, with the concurrence of the mother, acknowledges the child by authentic act is presumed to be the father of that child.
The husband may disavow paternity of the child as provided in Article 187. Revocation of the authentic act of acknowledgment alone is not sufficient to rebut the presumption of paternity created by this Article.
The action for disavowal is subject to a peremptive period of one hundred eighty days. This peremptive period commences to run from the day of the marriage or the acknowledgment, whichever occurs later.
Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2009, No. 3, §3, eff. June 9, 2009; Acts 2016, No. 309, §1.
2023 Louisiana Laws › Civil Code › Art. 196. Formal acknowledgment; presumption

SUBSECTION C. OTHER METHODS OF ESTABLISHING PATERNITY
Art. 196. Formal acknowledgment; presumption
A man may, by authentic act, acknowledge a child not filiated to another man. The acknowledgment creates a presumption that the man who acknowledges the child is the father. The presumption can be invoked only on behalf of the child. Except as otherwise provided in custody, visitation, and child support cases, the acknowledgment does not create a presumption in favor of the man who acknowledges the child.
Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2006, No. 344, §1, eff. June 13, 2006; Acts 2009, No. 3, §3, eff. June 9, 2009; Acts 2016, No. 309, §1.
2023 Louisiana Laws › Civil Code › Art. 197. Child's action to establish paternity; proof; time period

Art. 197. Child's action to establish paternity; proof; time period
A child may institute an action to prove paternity even though he is presumed to be the child of another man. If the action is instituted after the death of the alleged father, a child shall prove paternity by clear and convincing evidence.
For purposes of succession only, this action is subject to a peremptive period of one year. This peremptive period commences to run from the day of the death of the alleged father.
Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 198. Father's action to establish paternity; time period

Art. 198. Father's action to establish paternity; time period
A man may institute an action to establish his paternity of a child at any time except as provided in this Article. The action is strictly personal.
If the child is presumed to be the child of another man, the action shall be instituted within one year from the day of the birth of the child. Nevertheless, if the mother in bad faith deceived the father of the child regarding his paternity, the action shall be instituted within one year from the day the father knew or should have known of his paternity, or within ten years from the day of the birth of the child, whichever first occurs.
In all cases, the action shall be instituted no later than one year from the day of the death of the child.
The time periods in this Article are peremptive.
Amended by Acts 1944, No. 50; Acts 1948, No. 482, §1; Acts 1979, No. 607, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
2023 Louisiana Laws › Civil Code › Art. 199. Effect of adoption.

CHAPTER 3. FILIATION BY ADOPTION
SECTION 1. EFFECT OF ADOPTION
Art. 199. Effect of adoption
Upon adoption, the adopting parent becomes the parent of the child for all purposes and the filiation between the child and his legal parent is terminated, except as otherwise provided by law. The adopted child and his descendants retain the right to inherit from his former legal parent and the relatives of that parent.
Acts 2009, No. 3, §1, eff. June 9, 2009.
2023 Louisiana Laws › Civil Code › Art. 212. Adult adoption requirements

SECTION 3. ADOPTION OF ADULTS
Art. 212. Adult adoption requirements
A person who has attained the age of majority may be adopted without judicial authorization only when the adoptive parent is the spouse or the surviving spouse of a parent of the person to be adopted.
In other proposed adult adoptions, the court, upon the joint petition of the adoptive parent and the person to be adopted, may authorize the adoption of a person who has attained the age of majority if the court finds after a hearing that the adoption is in the best interest of both parties.
Acts 2008, No. 351, §1, eff. Jan. 1, 2009; Acts 2009, No. 3, §3, eff. June 9, 2009.
2023 Louisiana Laws › Civil Code › Art. 213. Adult adoption; form

Art. 213. Adult adoption; form
The adoptive parent and the person to be adopted shall consent to the adoption in an authentic act of adoption.
The spouse of the adoptive parent and the spouse of the person to be adopted shall sign the act of adoption for the purpose of concurrence in the adoption only. The act of adoption without this concurrence is absolutely null. The concurrence does not establish the legal relationship of parent and child.
Neither a party to an adult adoption nor a concurring spouse may consent by procuration or mandate.
Acts 2008, No. 351, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 214. Adult adoption; recordation requirement

Art. 214. Adult adoption; recordation requirement
The adoption is effective when the act of adult adoption and any judgment required to authorize the adoption are filed for registry, except as otherwise provided by law.
Amended by Acts 1948, No. 454, §1; Acts 1958, No. 514, §1; Acts 1978, No. 458, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 2008, No. 351, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 215. Repealed

CHAPTER 5--OF PARENTAL AUTHORITY
SECTION 1--OF THE DUTIES OF PARENTS TOWARDS THEIR
LEGITIMATE CHILDREN, AND OF THE DUTIES OF LEGITIMATE
CHILDREN TOWARDS THEIR PARENTS
Art. 215. Repealed by Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 221. Authority of married parents

CHAPTER 5. PARENTAL AUTHORITY OF MARRIED PERSONS
SECTION 1. GENERAL PRINCIPLES OF PARENTAL AUTHORITY
Art. 221. Authority of married parents
The father and mother who are married to each other have parental authority over their minor child during the marriage.
Amended by Acts 1916, No. 41; Acts 1920, No. 252; Acts 1924, No. 197; Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 224. Parental obligation of support and education

SECTION 2. OBLIGATIONS OF PARENTS
Art. 224. Parental obligation of support and education
Parents are obligated to support, maintain, and educate their child. The obligation to educate a child continues after minority as provided by law.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 226. Parental obligation of direction

Art. 226. Parental obligation of direction
Parents have a moral obligation to provide moral, social, and material direction for their child.
Amended by Acts 1952, No. 265, §1; Acts 1985, No. 714, §1; Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 228. Child's obligation of obedience; parental correction

Art. 228. Child's obligation of obedience; parental correction
A child shall obey his parents in all matters not contrary to law or good morals. Parents have the right and obligation to correct and discipline the child in a reasonable manner.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 229. Administration of the property of the child

SECTION 4. AUTHORITY OVER THE PROPERTY OF THE CHILD
Art. 229. Administration of the property of the child
Each parent has the right and the obligation to administer the property of the child. The parent must do so as a prudent administrator and is answerable for any damage caused by his fraud, fault, default, or neglect. An action for failure to perform this obligation is subject to a liberative prescription of five years that commences to run from the day the child attains the age of majority.
Amended by Acts 1970, No. 436, §2; Acts 1972, No. 668, §1; Acts 1979, No. 249, §1; Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 230. Alienation, encumbrance, or lease of the property of the child; expenditure of fruits

Art. 230. Alienation, encumbrance, or lease of the property of the child; expenditure of fruits
Either parent may alienate, encumber, or lease the property of the child, compromise a claim of the child, or incur an obligation of the child for his education, support, and maintenance only with prior court approval, except as otherwise provided by law.
Nevertheless, a parent may expend, without court approval, the fruits of the child's property for the shared benefit of the family, excluding major children not living in the household, or for the expenses of the child's household or property.
Acts 1985, No. 173, §1; Acts 1992, No. 1014, §1; Acts 2001, No. 408, §1; Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 231. Parents' obligation to deliver and account

Art. 231. Parents' obligation to deliver and account
Parents are bound to deliver to the child his property at termination of parental authority.
Parents shall also give an account of their administration when ordered by the court. The action to compel an accounting is subject to a liberative prescription of five years that commences to run from the day the child attains the age of majority.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 232. Parental authority

SECTION 5. PERSON HAVING PARENTAL AUTHORITY AND
OF ITS DELEGATION AND SUSPENSION
Art. 232. Parental authority
Either parent during the marriage has parental authority over his child unless otherwise provided by law.
Under extraordinary circumstances, such as if one parent is mentally incompetent, interdicted, or imprisoned, or is an absent person, the other parent has exclusive authority.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 233. Delegation of parental authority

Art. 233. Delegation of parental authority
Parents may delegate all or a part of their parental authority to others as provided by law.
Parents delegate a part of their parental authority to teachers and others to whom they entrust their child for his education, insofar as may be necessary.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 234. Parental authority; custody award

Art. 234. Parental authority; custody award
Parental authority continues during marriage, unless modified by a judgment awarding custody to one parent, by a joint custody implementation order, or by a judgment awarding custody to a third person.
An ascendant, other than a parent, who is awarded custody has parental authority. The authority of a third person who is awarded custody, other than an ascendant, is governed by the rules of tutorship, unless modified by court order.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 235. Termination of parental authority

SECTION 6. TERMINATION OF PARENTAL AUTHORITY
Art. 235. Termination of parental authority
Parental authority terminates upon the child's attaining the age of majority, upon the child's emancipation, or upon termination of the marriage of the parents of the child.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 237. Obligation of providing the basic necessities of life; ascendants and descendants; exceptions

Art. 237. Obligation of providing the basic necessities of life; ascendants and descendants; exceptions
Descendants are bound to provide the basic necessities of life to their ascendants who are in need, upon proof of inability to obtain these necessities by other means or from other sources, and ascendants are likewise bound to provide for their needy descendants, this obligation being reciprocal.
This obligation is strictly personal and is limited to the basic necessities of food, clothing, shelter, and health care.
This obligation is owed by descendants and ascendants in the order of their degree of relationship to the obligee and is joint and divisible among obligors. Nevertheless, if the obligee is married, the obligation of support owed by his descendants and ascendants is secondary to the obligation owed by his spouse.
Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Civil Code › Art. 246. Occasion for tutorship.

TITLE VIII--OF MINORS, OF THEIR TUTORSHIP
AND EMANCIPATION
CHAPTER 1--OF TUTORSHIP
SECTION 1--GENERAL DISPOSITIONS
Art. 246. Occasion for tutorship.
The minor not emancipated is placed under the authority of a tutor after the dissolution of the marriage of his father and mother or the separation from bed and board of either one of them from the other.
Amended by Acts 1924, No. 72.
2023 Louisiana Laws › Civil Code › Art. 248. Modes of establishment of tutorships.

Art. 248. Modes of establishment of tutorships.
Tutorship by nature takes place of right, but the natural tutor must qualify for the office as provided by law. In every other kind of tutorship the tutor must be confirmed or appointed by the court, and must qualify for the office as provided by law.
Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Civil Code › Art. 250. Persons entitled to tutorship

SECTION 2--OF TUTORSHIP BY NATURE
Art. 250. Persons entitled to tutorship
Upon the death of either parent, the tutorship of minor children belongs of right to the other. Upon divorce or judicial separation from bed and board of parents, the tutorship of each minor child belongs of right to the parent under whose care he or she has been placed or to whose care he or she has been entrusted; however, if the parents are awarded joint custody of a minor child, then the cotutorship of the minor child shall belong to both parents, with equal authority to act alone, on behalf of the child, and with equal privileges and responsibilities, unless modified by order of the court or by an agreement of the parents, approved by the court awarding joint custody. In the event of the death of a parent to whom joint custody had been awarded, the tutorship of the minor children of the deceased belongs of right to the surviving parent.
All those cases are called tutorship by nature.
Amended by Acts 1924, No. 196; Acts 1981, No. 283, §1; Acts 1982, No. 307, §1, eff. Jan. 1, 1983; Acts 1983, No. 695, §1; Acts 2022, No. 121, §1, eff. May 25, 2022.
2023 Louisiana Laws › Civil Code › Art. 252. Unborn and posthumous children.

Art. 252. Unborn and posthumous children.
If a wife happens to be pregnant at the time of the death of her husband, no tutor shall be appointed to the child till after his birth; but, if it should be necessary, the judge may appoint a curator for the preservation of the rights of the unborn child, and for the administration of the estate which may belong to such child. At the birth of the posthumous child, such curator shall be of right the undertutor.
2023 Louisiana Laws › Civil Code › Art. 256. Children born outside of marriage

Art. 256. Children born outside of marriage
A. The mother is of right the tutrix of her child born outside of marriage not acknowledged by the father, or acknowledged by him without her concurrence.
B. After the death of the mother, if the father had not acknowledged the child prior to the mother's death, the court shall give first consideration to appointment as tutor either of her parents or siblings who survive her and accept the appointment, and secondly, the father, always taking into consideration the best interests of the child.
C. If both parents have acknowledged their child born outside of marriage, the judge shall appoint as tutor the one by whose care the best interests of the child will be served. However, if the parents are awarded joint custody of such acknowledged child born outside of marriage, then the cotutorship of such child shall belong of right to both parents, with equal authority to act alone, on behalf of the child, and with equal privileges and responsibilities, unless modified by order of the court or by an agreement of the parents, approved by the court awarding joint custody.
Acts 1983, No. 215, §1, eff. Sept. 1, 1983; Acts 2016, No. 210, §1; Acts 2022, No. 121, §1, eff. May 25, 2022.
2023 Louisiana Laws › Civil Code › Art. 257. Surviving parent's right of appointment.

SECTION 3--OF THE TUTORSHIP BY WILL
Art. 257. Surviving parent's right of appointment.
The right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last.
The right of appointing a tutor, whether a relation or a stranger, also belongs to a parent who has been named the curator for the other living spouse, when that other living spouse has been interdicted, subject only to the right of the interdicted parent to claim the tutorship should his incapacity be removed by a judgment of a court of competent jurisdiction.
This is called tutorship by will, because generally it is given by testament; but it may likewise be given by any declaration of the surviving father or mother, or the parent who is the curator of the other spouse, executed before a notary and two witnesses.
Amended by Acts 1974, No. 142, §1.
2023 Louisiana Laws › Civil Code › Art. 258. Right of appointment where parents are divorced or separated

Art. 258. Right of appointment where parents are divorced or separated
If the parents are divorced or judicially separated, only the one to whom the court has entrusted the care and custody of the children has a right to appoint a tutor for them as provided in Article 257. However, if the parents have been awarded joint custody of the children, then the right to appoint a tutor for them belongs to the parent dying last, but either parent may appoint a tutor of the property of the children as provided in Article 257. In the event that both parents appoint a tutor of the property of the children, the tutors shall separately administer that portion of the children's property which is attributable to the respective parent's estate. The court shall decide which tutor shall administer that portion of the children's property which is not attributable to either parent's estate.
Acts 1992, No. 680, §1.
2023 Louisiana Laws › Civil Code › Art. 259. Option of acceptance of tutorship.

Art. 259. Option of acceptance of tutorship.
The tutor by will is not compelled to accept the tutorship to which he is appointed by the father or mother.
But if he refuses the tutorship, he loses in that case all the legacies and other advantages, which the person who appointed him may have made in his favor under a persuasion that he would accept this trust.
2023 Louisiana Laws › Civil Code › Art. 261. Child born outside of marriage

Art. 261. Child born outside of marriage
The father or mother who is entitled to the tutorship of the child born outside of marriage, according to the provisions of Article 256, can choose a tutor for him, whose appointment, to be valid, must be approved by the judge.
Amended by Acts 1979, No. 607, §1; Acts 2016, No. 210, §1.
2023 Louisiana Laws › Civil Code › Art. 262. Appointment of several tutors; order of priority.

Art. 262. Appointment of several tutors; order of priority.
If the parent who died last has appointed several tutors to the children, the person first mentioned shall be alone charged with the tutorship, and the second shall not be called to it, except in case of the death, absence, refusal, incapacity or displacing of the first, and in like manner as to the others in succession.
2023 Louisiana Laws › Civil Code › Art. 263. Qualified ascendants; collaterals by blood; surviving spouse.

SECTION 4--OF THE TUTORSHIP BY THE EFFECT OF THE LAW
Art. 263. Qualified ascendants; collaterals by blood; surviving spouse.
When a tutor has not been appointed to the minor by father or mother dying last, or if the tutor thus appointed has not been confirmed or has been excused, then the judge shall appoint to the tutorship, from among the qualified ascendants in the direct line, collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last, the person whose appointment is in the best interests of the minor.
Amended by Acts 1976, No. 429, §1.
2023 Louisiana Laws › Civil Code › Art. 270. Occasion for tutorship.

SECTION 5--OF DATIVE TUTORSHIP
Art. 270. Occasion for tutorship.
When a minor is an orphan, and has no tutor appointed by his father or mother, nor any relations who may claim the tutorship by effect of law, or when the tutor appointed in some of the modes above expressed is liable to be excluded or disqualified, or is excused legally, the judge shall appoint a tutor to the minor.
Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.