Louisiana Civil Code

Table of Contents (Download PDF)

CHAPTER 4 - FILIATION OF CHILDREN BY ASSISTED REPRODUCTIVE TECHNOLOGY [RESERVED]


CHAPTER 5 - PARENTAL AUTHORITY OF MARRIED PERSONS

Arts. 215-220. [Repealed by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

SECTION 1 - GENERAL PRINCIPLES OF PARENTAL AUTHORITY

Art. 221. The father and mother who are married to each other have parental authority over their minor child during the marriage. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 222. Parental authority includes representation of the child and the right to designate a tutor for the child. [Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 223. Parental authority includes rights and obligations of physical care, supervision, protection, discipline, and instruction of the child. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

SECTION 2 - OBLIGATIONS OF PARENTS

Art. 224. Parents are obligated to support, maintain, and educate their child. The obligation to educate a child continues after minority as provided by law. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 225. Parents are responsible for damage occasioned by their child as provided by law. [Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 226. Parents have a moral obligation to provide moral, social, and material direction for their child. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

SECTION 3 - OBLIGATIONS OF CHILDREN

Art. 227. A child owes assistance to his parents and may not quit a family residence without the consent of both parents, except as otherwise provided by law. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 228. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

SECTION 4 - AUTHORITY OVER THE PROPERTY OF THE CHILD

Art. 229. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 230. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 231. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

SECTION 5 - PERSON HAVING PARENTAL AUTHORITY AND OF ITS DELEGATION AND SUSPENSION

Art. 232. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 233. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

Art. 234. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]

SECTION 6 - TERMINATION OF PARENTAL AUTHORITY

Art. 235. 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. [Repealed and reenacted by Acts 2015, No. 260, §1, eff. Jan. 1, 2016]




Provide Website Feedback / Accessibility Statement / Accessibility Assistance / Privacy Statement