Abstract:
Louisiana derived its early laws on custody from the patriarchal traditions of Europe. In early Roman law, the father had absolute control over his children and their property. English feudal law also vested control of the children with the father, in large part to ensure that property was kept in the family and passed down through generations. In France, although the father was the primary property holder, custody was awarded to the spouse who was not at fault in the divorce, absent any unusual circumstances.