Revises language in the tutorship articles of the Civil Code
Impact
The amendments made by HB 93 primarily affect Civil Code Articles 256 and 261, which govern the rights of parents in relation to their illegitimate children. The changes stipulate that both parents, upon acknowledging their child, can equally share rights and responsibilities, unless otherwise modified by court order or mutual agreement. This update removes outdated terminology and aligns the statute with contemporary societal values about parenthood and family, thereby improving clarity and functionality in legal processes regarding child custody.
Summary
House Bill 93 revises language within the tutorship articles of the Louisiana Civil Code, specifically targeting terminology related to illegitimate children, or those born outside of marriage. The bill seeks to update the legal language surrounding parental rights and the establishment of tutorship, ensuring that it reflects more modern understandings and practices. By doing so, it aims to clarify the rights and responsibilities of parents who have acknowledged their children, specifically related to custody and tutorship arrangements.
Sentiment
The sentiment surrounding HB 93 appears to be predominantly positive among legislators. Supporters view the bill as a necessary modernization of the law that aligns with evolving family structures. This reflects a growing understanding of parental roles and the importance of providing equal rights to both parents regarding their children's welfare. The fact that the bill passed unanimously in the House indicates a strong bipartisan consensus on the importance of updating these legal definitions.
Contention
While the bill has garnered widespread support, there may be underlying concerns regarding the implementation of joint custody provisions, particularly in cases where parents may not be in agreement. Challenges could arise when determining the best interests of the child, and there could be potential for conflict if parents have different perspectives on child-rearing. Nevertheless, these challenges are part of broader conversations regarding family law and custodian arrangements as society continues to shift towards more inclusive definitions of family.
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)