2011 Louisiana Laws
Civil Code
CC 256 — Illegitimate children


LA Civ Code 256 What's This?

Art. 256. Illegitimate children

A. The mother is of right the tutrix of her illegitimate child not acknowledged by the father, or acknowledged by him alone 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 illegitimate child, 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 illegitimate child, then the cotutorship of such child shall belong of right to both parents, with equal authority, 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.

{{SECTION 2 OF ACT 215 PROVIDED THAT THE "ACT SHALL NOT BE CONSTRUED TO MODIFY AUTOMATICALLY EXISTING CUSTODY ORDERS AND AGREEMENTS IN EFFECT ON SEPTEMBER 1, 1983."}}

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