New Orleans Tutorship Attorneys

Orleans Parish Attorney for Guardianship of Minor Children

Louisiana is somewhat unique in using the term "tutorship" to refer to the guardianship of a minor child, or a child with disabilities who has reached the age of 18 years old. Other states would likely use the term "guardianship" to refer to this type of legal relationship. There are multiple situations where tutorship is used, ranging from mundane situations like parental divorce to tragic situations in which the child is left without a surviving parent. Our attorneys can help clarify for you how Louisiana's tutorship laws apply to your individual situation.

Brown Weimer, LLC, is committed to protecting children through the use of tutorship. We provide assistance with various issues relating to tutorship. If you are the parent of a disabled child, we may be able to help you obtain permanent tutorship to create a smooth transition even when your child reaches legal adulthood. We can also help parents create a plan for successor tutorship, or step in during emergency tutorship situations to fight for a good result.

Understanding the Four Types of Tutorship in Louisiana

The state of Louisiana recognizes four distinct types of tutorship. They are:

  • Natural tutorship - When parents divorce or when one parent passes away, the parent who still has custody is considered the child's natural tutor.
  • Tutorship by will - It is wise for parents to name the person they would want to care for their child in the event that both parents pass away. Courts generally respect this selection, unless there is a reason it would not be in the child's interests to be raised by the person or couple named.
  • Tutorship by law - When both parents have passed away and neither has named a successor tutor, it is left to the court to appoint a relative to become the child's tutor.
  • Dative tutorship - In some sad cases, a child is left with no parents, no successor tutor, and no suitable relatives they can be placed with. In this case, the court will generally appoint a "dative" tutor - one who has no relation to the child. This may be a friend of the parents.

Tutors must be suitable to care for the child. They may be obligated to financially support the child in addition to fulfilling the normal duties of childcare.

Permanent Tutorship for Parents of Disabled Children

Parents of disabled children who will never be able to live independently may dread their child's 18th birthday. On that day, the child is presumed a legal adult and obtains a set of rights and privileges that can make it challenging for a parent to provide continuing care.

One possible solution is to seek a continuing or permanent tutorship that will allow you to continue managing your child's life and affairs even after they reach legal adulthood. You can pursue this legal relationship while your child is still a minor between the ages of 15 and 18. Should you wait until your child becomes an adult, you would instead need to pursue interdiction.

While obtaining continuing or permanent tutorship is no simple task, it is a task out lawyers can handle with confidence. We are skilled in helping parents gather the evidence necessary to become their disabled child's long-term tutor.

Estate Planning Attorney Helping Parents

As a parent, protecting your children is probably your most important estate planning goal. We can help you not only name a successor tutor in your will, but to create a comprehensive plan that can effectuate the transfer of your assets into a trust for the benefit of your children.

Contact a New Orleans Tutorship Attorney

Brown Weimer, LLC, aggressively fights for the best interests of parents and children alike. Our caring attorneys will handle your case with the utmost sensitivity, while also providing strong advocacy at every turn. Contact us online or call 504-561-8700 to receive a free consultation. We proudly represent clients throughout the metropolitan New Orleans area, including Jefferson and St. Tammany Parishes, as well as Gretna, Harvey, Metairie, Mandeville, Kenner, Thibodaux, Houma, Slidell, Covington, and Terrebonne, Lafourche, and St. John Parishes.

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