Legal Question in Family Law in Louisiana

we have provisional custody by mandate of a 3yr old, it was done in louisiana. it hasnt been a yr yet, but mom says she is now settled and wants the child back. what paper work do we need to get done before she gets him? we realize she can revoke mandate at anytime but dont there need to be new paper work done saying she is getting child back and we are not responsible for him any longer


Asked on 4/01/11, 6:39 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Provisional custody by mandate papers are very rarely recorded, so the only way people would know you had custody was when you showed them the mandate. If it was recorded in at the clerk of court in your Parish, then it needs to be canceled. If not, then just tear up the instrument. If you are worried that the child will incur some expenses and/or hurt someone and you will be sued because you once had a PCBM, then have the woman sign a document that says I hereby revoke the PCBM with regard to my child janie doe that was executed on DATE and relieve JOE and MARY of any further responsibility with regard to said PCBM. You then should take both the PCBM an the revocation to the courthouse and file it in the MTGE and Conveyance records to put 3rd parties on notice. You do that even if the PCBM was not recorded. The revocation is no good as to 3rd parties unless it is recorded. Know that a PCBM is fairly weak instrument since at any time she could have claimed she revoked it and you refused to allow her to have the child back. BTW, where is the father, he should have signed the PCBM as well. Like I said, tear up the PCBM and go about your life.

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Answered on 4/02/11, 4:28 am


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