Art. 4064 Dative tutor

When a child needs a guardian but there is no parent or family member legally able to take that role, the court steps in to appoint one. This court-appointed guardian is called a "dative tutor." The judge only does this when the law says it's necessary, such as when both parents are gone, unfit, or otherwise unable to care for the child.

The actual process for choosing and appointing this guardian follows specific steps laid out in the next few rules (Articles 4065 through 4068). Those articles explain things like who can be considered, how the court decides, and what steps need to happen before someone is officially named the child's tutor.

For families going through this, it means the court will not just leave a child without a legal guardian. Instead, it follows a set process to find someone responsible to take on that role when no one else is available or fit to do it.