CCP 4031

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CCP 4031

TITLE VI

TUTORSHIP

CHAPTER 1. COURT WHERE PROCEEDINGS ARE BROUGHT

Art. 4031. Minor domiciled in the state

A. Except as provided in Paragraph B, a petition for the appointment of a tutor of a minor domiciled in the state shall be filed in the district court of the parish where:

(1)The surviving parent is domiciled, if one parent is dead; or

(2)The parent or other person awarded custody of the minor is domiciled, if the parents are divorced or judicially separated; or

(3)The minor resides.

B. If the parents who are divorced or judicially separated are awarded joint custody of a minor:

(1)They shall petition jointly for appointment as cotutors in the district court of the parish in which the proceedings for divorce or judicial separation were instituted, or if the award of joint custody has specified the legal domicile of the minor, in the district court of the parish of the legal domicile of the minor, or in the district court of the parish where the child resides.

(2)With the permission of the judge, either parent may file a petition in the same court as provided in Subparagraph

(1)for appointment as tutor for the limited purpose of enforcing a particular right or compromising a particular claim of an unemancipated minor if the other parent fails or refuses to do so.

Amended by Acts 1981, No. 283, §2; Acts 1990, No. 764, §1; Acts 1995, No. 268, §1, eff. June 14, 1995.