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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13165
Experience:  Experienced in multiple areas of the law.
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All I want is a hour or 2 to see my granddaughter. I am more

Customer Question

All I want is a hour or 2 to see my granddaughter. I am more than willing to have the visits monitored.
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

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:

  • The length and quality of your relationship with the child;
  • Whether the child is in need of guidance you can give;
  • What the child wants, if she's old enough to give an opinion (typically, that's not until at least age 11 or 12, but it depends on the maturity of the child);
  • How willing you are to encourage a close relationship between the child and her parents; and
  • The mental and physical health of you and the child.

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.

Expert:  RobertJDFL replied 1 year ago.

Was there any additional information I could provide for you regarding this matter? If so, I am happy to do so, just let me know! Otherwise, please remember to leave me positive feedback, as this is the only way experts on the site are compensated for their time, even though you may have left a deposit. Thank you.

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