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Nonparent Visitation A nonparent seeking visitation rights may ask the court to grant visitation rights to a grandparent or other relative if the child's parent has unreasonably denied the nonparent access to the child.
Louisiana Civil Code Article 136 states that any blood relative of a child (including grandparents) can pursue reasonable visitation rights during an ?extraordinary circumstance.? This term is intentionally vague? it can encompass a lot of different scenarios.
You will have to prove, through clear and convincing evidence, that granting custody to your grandchild's parents would cause them substantial harm. Once this has been proven, the court will then consider a number of variables to determine whether to grant you custody over your grandchild.
In Louisiana, biological grandparents have the legal right to petition the court for reasonable visitation with their grandchildren. The courts can grant his right if the parents divorce, separate for at least six months, or following one parent's death.
You must file a "petition," (formal written request) in the court making custody and visitation orders regarding your grandchild, or in the adoption court that handled the child's adoption. Once you file the petition, you must formally notify everyone involved.