Art. 356. Title of proceedings; procedural rules; parent to be named tutor

            The title of the proceedings shall be Continuing Tutorship of (Name of Person), A Person with a Disability, and the proceeding shall be conducted according to the procedural rules established for ordinary tutorships.

            (1) When the parents of the person to be placed under a full or limited 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.

            (2) When the parents of the person to be placed under a full or limited 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.

            (3) Upon the petition of a parent of the person to be placed under the full or limited 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 of the child to be placed under the full or limited continuing tutorship, if the parents are divorced or judicially separated.

            (c) The parent who is tutor or tutrix, if the parents were never married to each other.

            Added by Acts 1966, No. 496, §2. Amended by Acts 1974, No. 714, §1; Acts 2014, No. 26, §1; Acts 2014, No. 811, §30, eff. June 23, 2014; Acts 2020, No. 218, §1; Acts 2024, No. 123, §1.