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Current as of January 01, 2023 | Updated by FindLaw Staff
The title of the proceedings shall be Continuing Tutorship of (Name of Person), A Person with an Intellectual Disability.
(1) When the person to be placed under the continuing tutorship is above the age of fifteen, and under the age of majority, the proceeding shall be conducted according to the procedural rules established for ordinary tutorships.
(2) When the person to be placed under the continuing tutorship is above the age of majority, the proceeding shall be conducted according to the procedural rules established for interdictions.
(3) When the parents of the person to be placed under the continuing tutorship are married to each other and petition jointly, the court shall appoint the parents as co-tutors, unless for good cause the court decrees otherwise.
(4) When the parents of the person to be placed under the continuing tutorship are married to each other but do not petition jointly, the court shall appoint either a petitioning parent as tutor or both individually petitioning parents as co-tutors, in accordance with the best interest of the child.
(5) Upon the petition of a parent of the person to be placed under the continuing tutorship, the court shall, unless good cause requires otherwise, appoint as tutor the petitioning parent who is:
(a) The surviving parent, if one parent is dead.
(b) The parent awarded custody during minority of the person to be placed under the continuing tutorship, if the parents are divorced or judicially separated.
(c) The parent who was tutor or tutrix during minority, if the parents were never married to each other.
Cite this article: FindLaw.com - Louisiana Civil Code Tit. VIII, Art. 356. Title of proceedings; procedural rules; parent to be named tutor - last updated January 01, 2023 | https://codes.findlaw.com/la/civil-code/la-civ-code-tit-viii-art-356/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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