Louisiana Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child

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Multi-State
Control #:
US-01121BG
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Word; 
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Description

In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
  • Preview Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
  • Preview Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child

How to fill out Petition By Grandparent For Visitation Rights With Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?

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FAQ

39.0139. (1) Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department's caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section.

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.

Seeking Custody In cases where grandparents seek custody, they must prove that the child's parents cannot care for the child or that the child is at risk of harm in the home. The court will consider similar factors as in visitation cases. However, the burden of proof is higher.

Louisiana courts don't have a specific age when they must consider a child's preference. Each judge must determine, on a case-by-case basis, whether a child is mature enough to have a meaningful opinion.

Extraordinary Circumstances for Requesting Custody. In situations where the child faces abuse or neglect by the parents, the grandparents may file a protective order as an emergency measure to remove the children from harm. This is a stopgap effort that allows grandparents to request temporary custody immediately.

4 is entitled: Visitation rights of grandparents and siblings. It enumerates specific instances in which visitation can be asserted for visitation by nonparents. This statute doesn't mandate visitation but provides that grandparents may have reasonable visitation rights.

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.

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Louisiana Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child