The judgment may order the person released or placed in the custody of a proper person.
Art. 3830.Judgment
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 2. Habeas Corpus · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3830 authorizes a habeas corpus judgment to order the detained person released outright or placed in the custody of a proper person, giving the court flexibility to craft a custodial outcome beyond a simple grant or denial of release.
Full Text of Art. 3830
Plain-English Summary
Article 3830 states what a habeas corpus judgment can order. The most familiar outcome is release: the court finds the custody unlawful and orders the detained person set free from it.
But release is not the only option. Article 3830 also lets the judgment place the person in the custody of a proper person, an outcome suited to cases where the interest at stake is not simple freedom from all restraint, but who should have custody going forward — most visibly in contested custody disputes, where neither an outright release nor a return to the original custodian may serve the person's interests.
By giving the court both options, Article 3830 lets the judgment fit the actual dispute rather than forcing every habeas corpus case into a binary choice between upholding the existing custody and releasing the person outright. A judgment that transfers custody to a proper person still resolves the writ, just not through unconditional release.
Frequently Asked Questions
What can a Louisiana habeas corpus judgment order?
Article 3830 allows the judgment to order the person released or placed in the custody of a proper person.
Does habeas corpus always end in the detained person's release?
No. The judgment can instead place the person with a proper custodian, which matters most in custody disputes where the real question is who should have custody, not whether the person should be free of all restraint.
Who counts as a 'proper person' for custody under this article?
The Code leaves that determination to the court's judgment on the facts of the case; it is not limited to either party to the proceeding.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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