Grandparents can play an important role in the life of their grandchildren. From providing love and understanding to contributing financial support, children who have their grandparents in their lives are almost always better off.
In the state of Louisiana, grandparents have the right to petition the court for visitation with their grandchildren to ensure this valuable relationship is available for them.
Who can petition for grand-parental visitation?
In Louisiana, biological grandparents have the legal right to petition the court for reasonable visitation with their grandchildren. The courts can grant his right if the parents divorce, separate for at least six months, or following one parent’s death.
What if the parents are still together but circumstances do not allow me to see the child?
If the parents are still together but circumstances keep you apart, you may be able to request court-ordered visitation if “extraordinary circumstances” exist, which include:
- the child is in foster care due to parental neglect or abuse
- a parent is in prison
- a parent is legally incompetent
- one or both parents have an addiction to a controlled substance
What will the court require before granting visitation?
The court will require you to show that spending time with you is in the child’s best interest. The judge will consider:
- your relationship with the child
- your ability to guide and support the child
- your willingness to encourage a relationship between the child and their parent(s)
- the mental and physical health of everyone involved
- the child’s wishes
Louisiana recognizes the importance of the relationship between children and their grandparents. Supporting these relationships with legal visitation is one way to emphasize the importance of the family in our society.