LA RS 9:344D applies in situations where parents are divorced or separated for more than 6 months and allows a court discretion to award visitation in the best interests of the child. Additionally, LA Civil Code Article 136 works in conjunction with 9:344D, the court must consider the longevity and quality of your relationship with the child; your ability to provide needed guidance; the preference of the child, if the child is able to express a preference; your willingness to promote the child's relationship with the parent; and the mental and physical health of both the child and the relative.
Of course, in conjunction with both of those codes, the courts also must be mindful of the US Supreme Court's direction in Troxel v. Granville
, 530 U.S. 57, 147 L.Ed. 2d 49, 120 S.Ct. 2054 (2000), where the court stated the lower courts must also consider that the rights of both parents in these cases are paramount to the rights of the grandparents to visitation.
Thus, you should file your appeal if you qualify under RS 9:344D and Article 136, keeping in mind the Supreme Court's determination as well.
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