Can grandparents file for visitation rights?

On Behalf of | Sep 26, 2022 | Divorce

The relationship between grandchildren and their grandparents is vital and precious. In many cases, grandparents not only provide love, but emotional stability and financial support as well.

In some cases a divorce can overlook grandparents’ rights. If you are seeing your grandchildren less often than you would like because of your child’s divorce, you can petition the court for formal visitation rights.

What are the requirements to be able to file for visitation?

The state of Louisiana will grant visitation to biological grandparents, as long as they find that the visitation order is in the best interest of the child.

Before filing, the grandparent should be able to prove that:

  • The relationship with their grandchild is biological, if the parents were unmarried
  • The lack of visitation is caused by divorce, physical separation, one parent’s death, or other extraordinary circumstances

What else will the court consider?

Once you establish legal evidence of the right for visitation above, the court will consider other factors:

  • Your past and current relationship with the child
  • Your ability to guide and support the child in comparison with the child’s parents
  • The child’s wishes, if the child is mature enough to express a preference
  • Your willingness to encourage a relationship between the child and their parent
  • The mental and physical health of everyone involved

Grandparents are an important part of their grandchildren’s lives, and that special relationship deserves support and protection. Filing for court-ordered visitation can assure both you and your grandchild that your relationship will continue to thrive despite their parents’ divorce.

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