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Recently my daughter was arrested and her and her exhusband…

Customer Question
Recently my daughter was...

Recently my daughter was arrested and her and her exhusband has joint custody and she signed her rights over to me ,but i took the kids for their weekend visitation with their dad and he says he's not bringing them back and one of the kids is a sick child that has to be on a milk pump and meds daily and has nurses that come out to see about him .what can i do leagally becuz he doesnt see about are feed him properly he only want them so he want have to pay child suppor

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Louisiana

Lawyer's Assistant: Has anything been filed or reported?

Yes several times and the nurses has reported it to and some of the info is in their child custody papers

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What is my rights as a granparent

Submitted: 5 months ago.Category: Family Law
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Answered in 19 hours by:
3/12/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 5 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 185
Experience: Attorney
Verified

Three statutes govern grandparent visitation rights in Louisiana, making it one of the trickier systems to navigate.

The first of Louisiana's statutes is known as R.S. 9.344. It is intended for grandparents who have lost the normal avenue of seeing a grandchild, which is through their child who is the grandchild's parent.

This statute provides for visitation if the parent who is the child of the grandparent is deceased, incarcerated or has been "interdicted," meaning declared legally incompetent. In the case of death or incarceration, visitation may be granted even if the parents of the child lived "in concubinage," that is, are unmarried. These rights also extend to siblings of the children involved.

Visitation may also be possible if the parents of the child are legally separated or living apart for a period of six months.

This statute protects the rights of parents in intact families to determine who can see their children. As always, the court "in its discretion" must consider the best interests of the child.

A separate statute, also addresses the topic of visitation rights. These rights are available to relatives by blood or affinity, including but not limited to grandparents, when "extraordinary circumstances" exist.

The only "extraordinary circumstance" that is specified is if the court determines that "a parent is abusing a controlled dangerous substance."

Before granting visitation under Article 136, the court must consider the longevity and quality of the relationship; the relative's ability to provide needed guidance; the preference of the child, if the child is able to express a preference; the relative's willingness to promote the child's relationship with the parent; and the mental and physical health of both the child and the relative.

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