Curio v. Acurio: Parens Patriae in Marital Regimes

Abstract

Louisiana courts have become increasingly overprotective of its citizens. Although usually seen in the context of juvenile court, parens patriae refers to the idea that the state holds the inherent power and authority to protect persons who are unable to act on their own behalf—similar to the role of a parent. Louisiana courts have extended this idea by claiming that one of its duties is to protect adult citizens from entering into contracts that are not completely balanced. Louisiana courts, however, have disregarded its citizens’ personal duty to safeguard themselves from unfavorable agreements. Further, the courts do not, and cannot, have the authority to decide what is in the best interest of its citizens.