Louisiana § CC 256 - Children born outside of marriage
Full text of Louisiana Louisiana Civil Code § CC 256 — Children born outside of marriage, with citation guidance and answers to common questions.
§ CC 256. Children born outside of marriage
A. The mother is of right the tutrix of her child born outside of marriage not acknowledged by the father, or acknowledged by him 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 child born outside of marriage, 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 child born outside of marriage, then the cotutorship of such child shall belong of right to both parents, with equal authority to act alone, on behalf of the child, and with equal 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; Acts 2016, No. 210, §1; Acts 2022, No. 121, §1, eff. May 25, 2022.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § CC 256
What does Louisiana Civil Code § CC 256 cover?
Section CC 256 ("Children born outside of marriage") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § CC 256?
A common citation format is "Louisiana Civil Code § CC 256" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § CC 256 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.