Legal Question in Family Law in Louisiana
domicile custody
My sister & her son's father were never married & now they live apart - Dad in LA, Mom in MS. Son is 12 & wants to go to school in LA & live with Dad. School Board states to my sister that she would have to sign over Domicile custody with a notary to son's Dad before the child can attend the new school. They've never had any court/legal papers of any kind & she is afraid to sign over all of her rights to the Dad who can be spiteful & refuse to let him go back to Mom in the future. Birth certificate has both parents' names, child's last name is Dad's. Shouldn't that be enough to enroll in school if Mom shows she knows that the child is living with father & can go to school there without having to sign over all of her rights?
1 Answer from Attorneys
Re: domicile custody
The birth certificate should have been enough, but since they live apart, the school board wants to make sure he has custody and is not simply circumventing the custodian parent's rights. Additionally, with so many kids moving to other school zones, school boards having tightened their rules about who can attend a certain school. The mom could sign a "Temporary Custody by Mandate" document that would give custody to the dad. It is for a maximum period of 1 year and can be terminated anytime before the year by the person giving the custody. Then, if all works out, she can execute another mandate. The problem is that as it stands, the mom has no more right to the custody as the dad, except the child has always lived with mom. So, best thing is to establish joint custody through the courts with her being the domiciliary custodian. Then do the custody by mandate. But if time is of the essence, just do the mandate.
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