Grandparents are often an essential part of a child’s life. They may provide love, emotional support, and family stability. However, for various reasons—such as parental divorce, separation, or other legal conflicts—grandparents may find themselves unable to see their grandchildren. They may have legal options to seek visitation or even custody when this happens.
Louisiana law acknowledges that, in certain circumstances, maintaining a relationship with their grandparents is in a child’s best interests. However, these rights are not automatically granted. Courts carefully consider multiple factors before allowing grandparents legal visitation or custody.
If you are a grandparent in Louisiana wondering about your rights, this guide will help you understand how the law applies, what legal steps you can take, and how courts determine these cases. Let’s explore what Louisiana law says about grandparent visitation and custody.
Understanding Grandparents’ Rights in Louisiana
Grandparents in Louisiana do not have automatic visitation or custody rights over their grandchildren. Unlike parents, who have an inherent right to care for and raise their children, grandparents must prove that their involvement is necessary for the child’s well-being.
What Does Louisiana Law Say About Grandparent Rights?
Louisiana law provides two key legal statutes that define grandparent rights:
- Louisiana Civil Code Article 136 governs visitation rights for grandparents, outlining when and how they can petition the court.
- Louisiana Revised Statute 9:344 – This statute establishes the legal foundation for grandparent custody in specific situations.
A grandparent must be granted visitation or custody after the court determines that such an arrangement serves the child’s best interests.
Under Louisiana law, grandparents can petition the court for visitation rights if they show that their relationship with the child has been significantly disrupted.
Grandparents’ Visitation Rights in Louisiana
If a grandparent wishes to maintain a relationship with their grandchild but is being denied access, they may petition the court for visitation rights. However, they must meet specific legal criteria for the court to grant their petition.
When Can Grandparents Seek Visitation?
Louisiana law allows grandparents to petition for visitation in specific situations:
If one or both parents are deceased, incarcerated, or declared legally incompetent
If a child’s parent can no longer care for them, the court may determine that it is in the child’s best interest to continue having a relationship with their grandparent.
If the parents are divorced or legally separated
Children may lose connections with one side of the family when parents separate. Louisiana law allows grandparents to request visitation if their child (the parent) is no longer married to the other parent.
If the parents are unmarried and living apart
The court may grant visitation to a grandparent if a child’s parents were never married and are no longer together.
In all cases, courts apply the best interest of the child standard to determine whether visitation should be allowed.
Extraordinary circumstances shall include a determination by a court that a parent is abusing a controlled dangerous substance.
How Do Courts Decide Whether to Grant Visitation?
Louisiana courts consider multiple factors when determining whether granting visitation is in the child’s best interest. These factors include:
- The emotional bond between the grandparent and grandchild
- The length and quality of their relationship prior to the petition
- The child’s physical and emotional well-being
- The ability of the grandparent to provide stability
- The wishes of the child, if they are mature enough to express a preference
- Any history of abuse, neglect, or conflict between the grandparent and parents
If the grandparent had a strong, meaningful relationship with the child before the conflict, the court may be more likely to grant visitation.
Grandparents’ Custody Rights in Louisiana
Custody is different from visitation. Visitation allows a grandparent to see and spend time with their grandchild. Custody grants them the legal right to make parental decisions.
When Can Grandparents Seek Custody?
Grandparents typically seek custody when they believe that the child’s current living situation is unsafe or harmful. Some of the most common reasons include:
- Parental unfitness due to drug or alcohol abuse
- Evidence of physical or emotional abuse or neglect
- The death or incapacitation of one or both parents
- A parent’s involvement in criminal activities or domestic violence
- The child being placed in foster care
Grandparents seeking custody must present clear and convincing evidence that removing the child from their current home is necessary to protect them.
Legal Steps for Grandparents Seeking Custody
- Filing a Custody Petition: The grandparent must submit an official request for custody through family court.
- Gathering Evidence: Courts require substantial proof that granting custody to a grandparent serves the child’s best interest.
- Attending a Hearing: A judge will evaluate the case, listen to both sides, and make a ruling.
Louisiana courts are hesitant to remove a child from their biological parents unless there is strong evidence that doing so is necessary.
Alternative Legal Arrangements for Grandparents
Sometimes, formal custody battles can be avoided through alternative legal arrangements.
Provisional Custody by Mandate
Louisiana law allows parents to temporarily transfer custody to grandparents using a legal document called provisional custody by mandate. This agreement does not require court intervention. It may be particularly useful when parents need temporary assistance.
Voluntary Transfer of Custody
Parents may voluntarily transfer custody if they are unable to care for their children but wish to place them with grandparents. This process requires court approval to ensure the arrangement serves the child’s best interest.
Louisiana law allows for provisional custody arrangements when parents are temporarily unable to care for their children. –Louisiana Legal Help.
Legal Grounds for Grandparents’ Visitation and Custody in Louisiana
| Circumstance | Legal Provision | Considerations |
| Parental death, incarceration, or incapacity | Louisiana Revised Statute 9:344 | Best interest of the child |
| Parents living apart for 6+ months | Louisiana Civil Code Article 136 | Extraordinary circumstances; best interest of the child |
| Child in foster care | Louisiana Children’s Code Article 1264 | Grandparents may seek visitation or custody depending on case specifics |
Frequently Asked Questions (FAQs)
Can grandparents seek visitation if the parents are still married?
Yes, but only under extraordinary circumstances. Examples include parental neglect, substance abuse, or a history of domestic violence. Courts must determine that visitation serves the child’s best interest.
What constitutes ‘extraordinary circumstances’ for granting visitation?
Extraordinary circumstances may include situations where the child is at risk due to parental incapacity, neglect, or abuse. The court will assess these factors carefully before making a decision.
How do courts determine the child’s best interest?
Courts evaluate factors like the child’s relationship with the grandparent, their emotional well-being, and any potential risks in their current living situation.
Is legal representation necessary for filing a visitation or custody petition?
Although not mandatory, having an experienced family law attorney increases the likelihood of a successful petition by ensuring all legal requirements are met.
Can grandparents obtain custody if the child is in foster care?
Yes, Louisiana law prioritizes placing children with relatives over non-relative foster care. Grandparents must prove that their home is a stable, suitable environment.
Understanding Grandparents’ Rights in Louisiana
Louisiana law recognizes that maintaining a relationship with grandparents can be beneficial for a child. That said, it also prioritizes parental rights and the child’s best interest. This means that grandparents must provide strong legal justification when petitioning for visitation or custody.
Understanding your legal options is crucial if you are a grandparent seeking visitation or custody. Courts consider various factors, such as the child’s emotional well-being, the nature of your existing relationship, and any potential risks in their current living situation. Whether you are seeking to maintain regular contact with your grandchild or believe that custody is necessary to protect their safety and well-being, a well-prepared legal case is essential.
Legal processes can be complex, but you don’t have to navigate them alone. An experienced family law attorney can help you build a strong case, ensure that your petition meets all legal requirements, and advocate for your rights in court.
At Stephenson, Chávarri & Dawson, LLC, we understand the emotional and legal challenges grandparents face in these situations. Our team is here to provide the guidance and representation you need to protect your relationship with your grandchild. If you’re considering filing for visitation or custody, contact us today to discuss your case and explore your legal options.
