Grandparents’ Rights Are Growing
Historically, grandparents did not have any legal right to visitation with their grandchildren. As family law has evolved over the last generation or so, statutes have been enacted granting some rights.
In addition, divorce has skyrocketed since the 1970’s. This has complicated grandparents’ ability to see their grandchildren, especially when the unrelated parent has custody.
The law is attempting to balance various factors, including:
- The best interest of the child
- Parents’ desire to raise children without unwanted interference
- Desires of the grandparents
What If A Parent Dies Or Goes To Jail?
More than one statute in Louisiana relates to grandparents’ visitation rights. The most common scenario where visitation is granted is the death (or incarceration) of a parent. Grandparents can then contribute to fulfilling the child’s needs.
What Are The Best Interests Of The Child?
With virtually any issue where children are involved, the courts and the law prioritize the best interests of the child. Courts weigh the following factors in granting visitation:
- Desire of the child, if he or she is old enough to express preference
- Physical and emotional needs of the child
- Wishes of the parent and grandparent
- Existence of a relationship
- Evidence of abuse or substance abuse by the parent or grandparent
Learn Your Rights Today
Attorney William C. Rowe is a qualified family mediator with extensive family mediation training.
For greater detail and an evaluation of your specific situation or information about grandparent adoption, contact the Rowe Law Firm, in Baton Rouge, Louisiana. Call 225-293-8787 or toll free 877-335-7910 or contact us via this website.
Rowe Law Firm