Louisiana grandparents may have strong attachments to their grandchildren. They may provide child care while parents work, moral guidance for complicated choices and even financial support while grandchildren are young.
Grandparents may want to regularly see their grandchildren to maintain their bond, but that connection is potentially vulnerable if there is a disruption to the primary family unit. When parents in Metairie divorce, the resulting custody arrangement may limit the ability of grandparents to see their grandchildren.
In some cases, a parent who has most or all of the legal authority and parenting time for the family may refuse to allow a grandparent to spend time with their grandchildren. Do grandparents have any rights in the event of a Louisiana divorce that could cut them off from time with their grandchildren?
Grandparents sometimes have visitation rights
Grandparents do not automatically have the right to visitation, but they can petition the courts in qualifying circumstances. Generally speaking, the scenario must meet two key requirements for a judge to order grandparent visitation.
First, there must be a disruption to the primary family unit. The divorce of a grandchild’s parents is a scenario in which grandparents can request formal visitation rights. The death of either parent, the incarceration of a parent and even the unofficial separation of parents who begin living apart from one another can also warrant a request for formal grandparent visitation.
The second requirement is that a judge agrees that the order of grandparent visitation is in the child’s best interest. Grandparents must show that a disruption in their relationship with the grandchild could cause harm. Evidence of a pre-existing relationship is important for those trying to establish a grandparent visitation order. After learning about the family’s circumstances, the courts must agree that refusing the grandparent’s visitation request would hurt the child.
The process of pursuing grandparent visitation can take months and family court, but it may lead to a court order reinforcing family connections. Judges do consider parental rights in grandparent visitation cases, but what is best for the children is more important than what the parents want.
Grandparents hoping to overcome a parent’s interference in their relationship with a grandchild often need support from a family law attorney. Sitting down with a lawyer familiar with Louisiana’s grandparent visitation rules can help people take appropriate steps to preserve the bond they share with a grandchild.