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CHAPTER 4 - FILIATION OF CHILDREN BY ASSISTED REPRODUCTIVE TECHNOLOGY [RESERVED]
CHAPTER 5 - OF PARENTAL AUTHORITY
SECTION 1 - OF THE DUTIES OF PARENTS TOWARDS THEIR LEGITIMATE CHILDREN, AND OF THE DUTIES OF LEGITIMATE CHILDREN TOWARDS THEIR PARENTS
Art. 215. A child, whatever be his age, owes honor and respect to his father and mother.
Art. 216. A child remains under the authority of his father and mother until his majority or emancipation.
In case of difference between the parents, the authority of the father prevails.
Art. 217. As long as the child remains under the authority of his father and mother, he is bound to obey them in every thing which is not contrary to good morals and the laws.
Art. 218. An unemancipated minor can not quit the parental house without the permission of his father and mother, who have the right to correct him, provided it be done in a reasonable manner. [Amended by Acts 1974, No. 134, §1]
Art. 219. The father and mother have a right to appoint tutors to their children, as is directed in the title: Of Minors, of their Tutorship and Emancipation.
Art. 220. Fathers and mothers may, during their life, delegate a part of their authority to teachers, schoolmasters and others to whom they intrust their children for their education, such as the power of restraint and correction, so far as may be necessary to answer the purposes for which they employ them.
They have also the right to bind their children as apprentices.
Art. 221. The father is, during the marriage, administrator of the estate of his minor children and the mother in case of his interdiction or absence during said interdiction or absence.
He or she shall be accountable both for the property and revenues of the estates the use of which he or she is not entitled to by law and for the property only of the estate the usufruct of which the law gives him or her.
This administration ceases at the time of the majority or emancipation of the children, and also ceases upon judicial separation from bed and board either of the father from the mother or of the mother from the father. [Amended by Acts 1916, No. 41; Acts 1920, No. 252; Acts 1924, No. 197]
Art. 222. [Repealed. Acts 1960, No. 30, §2, eff. Jan. 1, 1961]
Art. 223. Parents have during marriage the enjoyment of the property of their children until their majority or emancipation.
This usufruct is nonalienable and exempt from seizure. [Acts 1986, No. 303, §1]
Art. 224. The obligations resulting from this enjoyment shall be:
1. The same obligations to which usufructuaries are subjected;
2. To support, to maintain and to educate their children according to their situation in life.
Art. 225. [Repealed. Acts 1990, No. 361, §3, eff. Jan. 1, 1991]
Art. 226. This usufruct shall not extend to any estate, which the children may acquire by their own labor and industry, nor to such estate as is given or left them under the express condition that the father and mother shall not enjoy such usufruct. Neither shall such usufruct extend to such estate as is given the children by donation inter vivos unless such estate shall have been donated by written act and the right to such usufruct has been provided for therein. [Amended by Acts 1952, No. 265, §1; Acts 1985, No. 714, §1]
Art. 227. Fathers and mothers, by the very act of marrying, contract together the obligation of supporting, maintaining, and educating their children.
Art. 228. A child has no right to sue either his father or mother for the purpose of obtaining a marriage settlement or other advancement.
Art. 229. Children are bound to maintain their father and mother and other ascendants, who are in need, and the relatives in the direct ascending line are likewise bound to maintain their needy descendants, this obligation being reciprocal. This reciprocal obligation is limited to life's basic necessities of food, clothing, shelter, and health care, and arises only upon proof of inability to obtain these necessities by other means or from other sources. [Amended by Acts 1970, No. 436, §2; Acts 1972, No. 668, §1; Acts 1979, No. 249, §1]
Art. 230. A. By alimony we understand what is necessary for the nourishment, lodging, and support of the person who claims it.
B.(1) It includes the education, when the person to whom the alimony is due is a minor, or when the person to whom alimony is due is a major who is a full-time student in good standing in a secondary school, has not attained the age of nineteen, and is dependent upon either parent.
(2) It includes the education, when the person to whom the alimony is due has not attained the age of twenty-two and has a developmental disability as defined in R.S. 28:381. [Acts 1985, No. 173, §1; Acts 1992, No. 1014, §1; Acts 2001, No. 408, §1]
Art. 231. Alimony shall be granted in proportion to the wants of the person requiring it, and the circumstances of those who are to pay it.
Art. 232. When the person who gives or receives alimony is replaced in such a situation that the one can no longer give, or that the other is no longer in need of it, in whole or in part, the discharge from or reduction of the alimony may be sued for and granted.
Art. 233. If the person, whose duty it is to furnish alimony, shall prove that he is unable to pay the same, the judge may, after examining into the case, order that such person shall receive in his house, and there support and maintain the person to whom he owes alimony.
Art. 234. The judge shall pronounce likewise whether the father or mother who may offer to receive, support and maintain the child, to whom he or she may owe alimony, in his or her house, shall be dispensed in that case from the obligation of paying for it elsewhere.
Art. 235. Fathers and mothers owe protection to their children, and of course they may, as long as their children are under their authority, appear for them in court in every kind of civil suit, in which they may be interested, and they may likewise accept any donation made to them.
Art. 236. Fathers and mothers may justify themselves in an action begun against them for assault and battery, if they have acted in the defense of the persons of their children.
Art. 237. Fathers and mothers are answerable for the offenses or quasi-offenses committed by their children, in the cases prescribed under the title: Of Quasi-Contracts, and of Offenses and Quasi-Offenses.
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