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      CCP 4061.1     


Art. 4061.1.  Natural tutor; action for damages on behalf of child

A.  Notwithstanding Article 4061, the natural tutor of a minor child may file an action for damages based on a delictual obligation without the necessity of qualifying as tutor pursuant to Article 4061 and without the necessity of filing a petition pursuant to Article 4031, if the natural tutor is any of the following:

(1)  The surviving parent of the minor child.

(2)  The parent under whose sole care the minor child has been placed when the parents are divorced or judicially separated from bed and board.

(3)  The mother of her child born outside of marriage not acknowledged by the father, or acknowledged by him alone without her concurrence.

B.  The petitioner in an action for damages based on a delictual obligation shall allege in the petition that he qualifies under Paragraph A of this Article to act of right as tutor, and the petitioner shall set forth the facts, including the relationship to the minor child, entitling the petitioner to act as tutor.

C.  This Article shall not apply to parents who share joint custody of the minor child or to parents who have both acknowledged their child born outside of marriage pursuant to the Civil Code.

Acts 2003, No. 155, §1; Acts 2004, No. 26, §2.

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