Louisiana’s Emancipation by Notarial Act (Art. 366.)

My question involves juvenile law in the State of: Louisiana

I am the father of my 15 year old son and have 99% physical custody. I share legal custody with his mother. I was never married to his mother. She lives in another state. He and I live in Louisiana. If I were to emancipated my 15 year old son under Louisiana’s “Emancipation by notarial act (Art. 366.)” would the family law courts still have jurisdiction over me and my son? His mother has taken me to court three times in three years and I want it to stop.

Under what circumstances do you believe that the court would honor such an emancipation?

Is your 15 year old self supporting?

Not going to work. Mom and Dad share legal custody. If Mom doesn't agree, it's not going to happen (even if it were possible).

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Quoting catfish

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My question involves juvenile law in the State of: Louisiana

I am the father of my 15 year old son and have 99% physical custody. I share legal custody with his mother. I was never married to his mother. She lives in another state. He and I live in Louisiana. If I were to emancipated my 15 year old son under Louisiana’s “Emancipation by notarial act (Art. 366.)” would the family law courts still have jurisdiction over me and my son?

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Yes.

You have the wrong idea about Art 368.

First of all, the minor has to be at least 16.

Second, the way I read it, both parents have to sign the document.

"Art. 368. Limited emancipation by authentic act - An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue."

Third, the emancipation would be limited and convey to the minor the ability to do certain things that an adult could do, but not everything.

Fourth, it only conveys rights to the minor, it does not absolve the parent of any obligations under family law.

So it's not going to do you one bit of good against his mother who, if you tried this without her consent, could just haul you back to court and get it undone.

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Quoting catfish

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If I were to emancipated my 15 year old son under Louisiana’s “Emancipation by notarial act (Art. 366.)”

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That statute has been repealed. It has been replaced by the statute identified by adjusterjack.

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Quoting adjusterjack

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"Art. 368. Limited emancipation by authentic act....

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Quoting catfish

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would the family law courts still have jurisdiction over me and my son? His mother has taken me to court three times in three years and I want it to stop.

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As you have been told, no document you create under that statute is going to divest the courts of jurisdiction over the custody case.