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What Rights Do Grandparents Have In Louisiana?

Custody and visitation rights can be complicated, especially when you’re not a biological parent of the children involved. But just because your name isn’t on their birth certificate, doesn’t mean you shouldn’t be able to visit them, no matter your situation. This is especially true for grandparents. They always wind up in the middle of a nasty custody fight, just hoping for the ability to see their grandchildren.

In the state of Louisiana, grandparent visitation rights are sometimes tricky. The state has three statutes that apply to three different situations grandparents could be in. This article explains all three.

Visitation To Preserve Relationships

This statute applies to situations in which there are extraordinary circumstances involved. For example if the parent is abusing dangerous substances, the grandparent or other blood relative may be granted the right to visit or care for the child in order to do what’s best for them. In this situation the court considers a few things, like the strength and the longevity of the relationship, the preference of the children, and whether or not the relationship will be beneficial.

Visitation When An Avenue Has Been Closed

This statute exists for grandparents who have lost the avenue in which they normally see their grandchild. In situations where a child’s parent has died, been incarcerated, or been declared legally incompetent it is sometimes difficult to maintain the relationship between that parent’s parents and children. When a grandparent loses their normal outlet for visiting their grandchildren, the state of Louisiana realizes it’s important for them to have an avenue to preserve their relationship.

Visitation When The Grandchild Has Been Adopted

In some situations, biological grandchildren get adopted to other families. If this happens, the biological grandparents still have the right to visit them. This statute is sometimes complicated because grandparents could lose these rights unless they are the parent of a deceased parent or if the child’s parent has forfeited their right to object to adoption.

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