Legal/Custodial Domiciliary Parent/Guardianship
Let's discuss who can sign a minor up for driver's ed. We do ask questions about your family, but don't worry. We are not trying to get into your business or judge your life situation. However, we are asking the questions to determine who can sign the forms.
Legal/Custodial Domiciliary Parent/Guardian Questions
Only the Legal/Custodial Domiciliary Parent/Guardian may sign driver's ed forms.
To help establish who is the Legal/Custodial Domiciliary Parent/Guardian the following questions will be asked to the person who accompanies the minor:
1. Are you the parent of this child on the birth certificate?
The birth certificate answers this. If yes, see the next question. If no, the person cannot sign the forms unless they have Custody Documents, Parental Custody by Mandate, or Possibly a specific exception. If the parent has a different last name than what is listed on the birth certificate, the person must write a statement to be kept in the file explaining this.
2. Is this child living with you the majority of the year?
The child must be living with the person for the majority of the year for the person to sign the forms. The person will answer yes or no. In joint custody cases, only whichever parent has the child longer per year can sign the forms.
If the answer is yes to both questions, the person can sign the forms.
If the answer is no to either question, the person cannot sign the forms.
Note: If the child is not living in Louisiana, the child cannot get a Louisiana license (except if they are only going to school out of state – such as a boarding school).
Legal/Custodial Domiciliary Parent/Guardian Examples
The following are examples to establish who is the legal custodial/ domiciliary parent/guardian. This is not an exhaustive list.
1. Either parent listed on the birth certificate and has the student living with them the majority of the year may sign the forms.
2. A parent who is listed on the birth certificate but is not living with the child the majority of the year cannot sign the forms.
3. A parent who is not listed on the birth certificate but has the child living with them the majority of the year must get court documents before signing for the child.
4. If a child is not living with either parent, then neither of the parents can sign the forms.
5. A person such as an Aunt or Grandparent who has the child living with them the majority of the year must get court documents before signing for the child.
6. Step-parents/adoptive parents cannot sign the forms unless they have adopted the child; adoption paperwork shall be provided.
7. If a parent has given another adult provisional custody by mandate, the person given custody can sign the forms.
8. If the child is a ward of the state, a caseworker or judge may sign for the student.
9. If the child lives in a foster or group home, the foster parents or person who runs the group home may present documentation and sign for the child.
10. Married and emancipated minors do not need parental consent; HHDA will view their marriage certificate or emancipation paperwork and let them sign the forms for themselves.