Family Law Questions? Ask a Family Lawyer Online.
Thank you for using Just Answer. I look forward to assisting you. I'm sorry to hear of your circumstances.Grandparents are very important to the family unit and often provide a stable and loving figure in a child’s life. Parents, however, are granted the fundamental Constitutional right to make decisions concerning the rearing of their child. Troxel v. Granville, 530 U.S. 57 (2000).Unfortunately, in Louisiana, as in many states, there is no statutory right to grandparent visitation, and a parent can legally refuse you access to the grandchild. You can, however, petition the court for grandparent visitation, pursuant to Louisiana Civil Code Article 136, though it is not easy to do. You have to prove "extraordinary circumstances" to the judge, AND that visitation with you is in the "best interest" of your grandchild. A judge will look at a number of factors, including, but not limited to:
What helps you, should you decide to sue for visitation, is that you did have a prior relationship with the child and regularly visited with them. Suing for visitation is not something easy to do, and there are not standard forms you can use for this. I would strongly encourage you to at least speak to a Louisiana attorney in your area who practices in the area of family law and can better assist you on the laws of the state and your chances. Many attorneys will offer free or low cost consultations and there is no obligation. A good resource to find a lawyer would be www.avvo.com.If you need clarification or additional information, please REPLY and I'll be happy to assist you further. Thank you.
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