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Is grandparent visitation allowed in Louisiana?

On Behalf of | Aug 22, 2018 | family law, Firm News |

Under certain circumstances, grandparents in Louisiana can seek visitation time with their grandchildren. Their options are somewhat limited, however, as parents generally retain a considerable amount of power over who spends time with their kids and may be able to persuade courts to refuse grandparents such time. It is important to understand the law surrounding grandparent visitation in Louisiana.

In situations in which parents die, become incarcerated or otherwise are unavailable to be with their children, their parents can seek visitation time with the grandchildren. This is because grandparents may be cut off from the grandchildren that that they love when their children are removed from the familial structure of their marriages. Grandparent visitation requests are subject to judicial review and if a court finds that granting a grandparent time with their grandchild will not serve the child’s best interests, then the request may be denied.

In 2000, the United States Supreme Court heard a case on grandparent visitation that placed limits on how states may allow grandparents to have time with their grandchildren. In effect, the case recognized that parents should be able to decide how a child’s time is spent and which relationships the children are allowed to foster; parental input should, therefore, be involved in grandparent visitation cases.

Seeking grandparent visitation time may be an important way for different generations of a family to stay close. It can help for individuals interested in pursuing this legal path to determine their available options under the applicable family law.