Revision Comments – 2015

This Article changes the law in part. When parents are married, any person having parental authority can be the proper defendant in an action to enforce an obligation against an unemancipated minor. Either parent during the marriage has parental authority of the child unless extraordinary circumstances exist. See C.C. Art. 232 (Rev. 2015). Additionally, an ascendant of the minor, other than the parent, who is awarded custody during the marriage of the parents, has parental authority. See C.C. Art. 234 (Rev. 2015). Under prior law, the father was the proper party to be sued and only if the father was mentally incompetent, committed, interdicted, imprisoned, or an absent person was the mother the proper party to sue. See Article 732 (as amended prior to 2015).