
Grandparents' Rights
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New Orleans Grandparents' Rights Attorney

Louisiana Family Law Grants Grandparents Legal Rights in Certain Situations
Under Louisiana family law, grandparents may have legal rights to seek visitation or custody of their grandchildren in specific circumstances. These rights are typically granted when it is in the best interest of the child, such as in cases where the parents are unfit or unable to care for the child. At Rousell Law Firm, we understand the complexities of these cases and are dedicated to helping grandparents navigate their legal options to ensure the well-being of their grandchildren.
Under what circumstances does a grandparent have visitation rights?
Under Louisiana law, a grandparent may be granted visitation rights under specific circumstances, including:
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If the child’s parents are divorced, legally separated, or in the process of divorce: A court may grant grandparent visitation if at least one parent does not object, and the visitation does not interfere with the noncustodial parent's time with the child.
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If the child’s parents are deceased or have been missing for at least three months: In such cases, the surviving grandparent may petition for visitation rights, as long as the court finds it in the best interest of the child.
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If the child is born out of wedlock: The grandparent may be granted visitation if paternity has been established in court.
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If the child’s parents are unfit: If one or both parents are found to be unfit due to factors like abuse, neglect, or substance addiction, a court may award visitation to the grandparents to ensure the child's welfare.
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It’s important to note that the court's primary concern is always the best interest of the child, and the grandparent must show that the visitation is beneficial to the child and does not disrupt the child's relationship with their parents.
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If you're seeking visitation rights as a grandparent in Louisiana, an attorney experienced in family law can guide you through the process.
What factors does an Louisiana court consider when deciding grandparent visitation?
Under Louisiana law, when determining whether to grant grandparent visitation, courts consider several factors, including:
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The best interest of the child: The court’s primary concern is always the well-being of the child, and whether the visitation would benefit the child emotionally, physically, and psychologically.
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The relationship between the grandparent and the child: Courts will evaluate the existing relationship between the grandparent and the child, including the frequency and nature of their interactions.
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The wishes of the parents: The preferences of the child’s parents are a significant factor, especially if one or both parents object to the grandparent visitation. However, the court can override parental objections if it finds visitation is in the child’s best interest.
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The health and welfare of the child: If the child’s health or emotional well-being is at risk due to the absence of grandparent visitation, the court may grant such visitation to preserve the child’s well-being.
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The moral fitness of the grandparent: The court may also assess the moral fitness of the grandparent to ensure that the visitation would not harm the child.
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The stability of the child’s living environment: If granting visitation would destabilize the child’s living situation or disrupt existing family dynamics, the court may be less likely to allow it.
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In Louisiana, grandparent visitation is typically granted only when these factors point to it being in the child's best interest, with the court giving significant weight to maintaining family relationships that foster the child's development.
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​Additionally, the court evaluates the reasonableness of the parent's actions. Since this is a subjective factor, having an experienced attorney to present your case effectively and persuasively is essential to achieving a favorable outcome in court.
Contact Rousell Law Today for Help
Rousell Law Firm represents grandparents and parents in visitation rights disputes throughout Louisiana. We handle these sensitive and emotional cases with professionalism and care. To schedule a consultation, contact us today or reach out to our office online.
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Joelann S. Rousell, J.D., MBA
Managing Attorney
Attorney Rousell is a dedicated and skilled legal professional committed to providing exceptional representation for clients facing family law, immigration, personal and other legal matters.

Arielle M. Lewis, J.D.
(Of Counsel)
Attorney Lewis (Of Counsel) assists the Rousell Law Firm with all family matters, such as: divorce, child custody, child support, and community property matters.
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