Continuing Tutorship Attorneys in New Orleans
In Louisiana, tutors are legally responsible for children under the age of eighteen. In most situations, the child’s parent is the de facto tutor, but when circumstances change, a tutor may need to be appointed. Tutorships are often used in the case of divorce or death of a parent to be sure the child’s best interests are taken care of.
If anything were to happen to you while your child is still a minor, you would want to control who was appointed as his tutor. That designation can be made in advance by you, to be implemented if necessary. Establishing continuing tutorship is the best way for you to protect him if you were not able to do it yourself.
Caring for Children With Special Needs
Louisiana tutorship laws apply to children until they turn 18 and are no longer considered minors under the law. If you have a child with special needs, however, you may want to provide for that child beyond their 18th birthday. Unless you establish a continuing or permanent tutorship for your child, they will be considered capable of managing their own affairs.
When you child is between the ages of 15 and 18, you can petition the court for a continuing tutorship, which would continue your parental tutorship after they become a legal adult. You may also want to designate another person to continue handling legal responsibility for your child should you pre-decease them.
Types of Tutorships
Louisiana law recognizes four different types of tutorships:
- Tutorship by will: As the only surviving parent, you may designate someone as the tutor of your child if you die while they are still a minor. You would stipulate your choice of tutor in your will and your wishes would be carried out. If your will did not designate a tutor for your minor child, upon your death the court would appoint someone.
- Natural tutorship: The parents are the natural tutors of a child. One parent may be awarded custody in the event of a divorce, in which case that parent is the natural tutor. If one parent dies, the surviving parent is considered the child’s natural tutor.
- Dative tutorship: A non-relative can be appointed as a tutor for a child whose parents are both deceased. A dative tutor would be appointed by the court if no qualified relatives were available.
- Tutorship by the effect of law: When a child is orphaned with no tutorship stipulated, the court will appoint a relative to be legally responsible for the child.
The continuing tutorship lawyers at Irpino, Avin & Hawkins Law Firm can help you protect your children in the event that something happens to you. No one wants a tragedy, but making legal provisions now can ensure the best possible outcome for your children. Call 1-800-7500-LAW or contact us online for a free consultation appointment today to learn more about protecting your children in the future.