SLS 22RS-283 ORIGINAL
2022 Regular Session
SENATE BILL NO. 102
BY SENATOR FOIL
CHILDREN'S CODE. Provides for cotutorship of child in that either parent acting alone can
act on behalf of the child. (gov sig)
1 AN ACT
2 To amend and reenact Civil Code Arts. 250 and 256, relative to tutorship by nature; to
3 provide for cotutorship; to provide that cotutors have equal authority to act alone or
4 on behalf of the child; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Civil Code Arts. 250 and 256 are hereby amended and reenacted to read
7 as follows:
8 Art. 250. Persons entitled to tutorship
9 Upon the death of either parent, the tutorship of minor children belongs of
10 right to the other. Upon divorce or judicial separation from bed and board of parents,
11 the tutorship of each minor child belongs of right to the parent under whose care he
12 or she has been placed or to whose care he or she has been entrusted; however, if the
13 parents are awarded joint custody of a minor child, then the cotutorship of the minor
14 child shall belong to both parents, with equal authority to act alone or on behalf of
15 the child, and with equal privileges, and responsibilities, unless modified by order
16 of the court or by an agreement of the parents, approved by the court awarding joint
17 custody. In the event of the death of a parent to whom joint custody had been
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 102
SLS 22RS-283 ORIGINAL
1 awarded, the tutorship of the minor children of the deceased belongs of right to the
2 surviving parent.
3 * * *
4 Art. 256. Children born outside of marriage
5 * * *
6 C. If both parents have acknowledged their child born outside of marriage,
7 the judge shall appoint as tutor the one by whose care the best interests of the child
8 will be served. However, if the parents are awarded joint custody of such
9 acknowledged child born outside of marriage, then the cotutorship of such child shall
10 belong of right to both parents, with equal authority to act alone or on behalf of the
11 child, and with equal privileges, and responsibilities, unless modified by order of
12 the court or by an agreement of the parents, approved by the court awarding joint
13 custody.
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 102 Original 2022 Regular Session Foil
Present law provides that cotutorship of a minor child belongs to both parents with equal
authority, privileges, and responsibilities.
Proposed law retains present law and adds that the cotutors have equal authority to act alone
or on behalf of the child.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C. Arts. 250 and 256)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.