Provides for parental authority of married persons, obligations of children, parents, and other ascendants, and provisional custody by mandate. (1/1/16) (EN NO IMPACT See Note)
One of the significant impacts of this legislation is the standardized approach it introduces for managing minor children's welfare and property during the marriage of their parents. The bill allows both parents to make decisions affecting the child's property without needing prior court approval under certain conditions, thereby potentially simplifying legal processes related to parental authority. Additionally, it alters the existing Code Pluralism, requiring joint actions by parents in specific legal contexts, which aims to reinforce shared responsibilities.
Senate Bill 134 seeks to amend and update the provisions related to parental authority and the obligations of parents and children under Louisiana law. The bill primarily focuses on the rights and duties of married parents regarding their minor children, creating a clearer framework for parental authority. It elaborates on the responsibilities of parents, including the management of a child's property, financial obligations, and the provisioning of alimony to illegitimate children, while also establishing certain legal processes for handling custody and financial disputes concerning minors.
The sentiment around SB 134 appears largely supportive, particularly from advocates of enhanced parental rights and responsibilities. Proponents argue that the bill will provide clarity and fairness in parental obligations and the rights of children. However, there have been criticisms regarding the complexity it adds to existing laws, especially concerning the management of assets and the responsibilities placed on parents, which some believe may lead to legal challenges in enforcement.
Notably, the bill's provisions for alimony obligations of parents toward their illegitimate children have raised concerns. Opponents fear that these changes could complicate family law further and create potential inequities in court proceedings. Additional points of contention include the limits imposed on how parents can manage their children's property, which some critics argue might still lead to conflicting interpretations of parental authority in practice.