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Last Modified on Aug 18, 2026
Your grandchildren are an important piece of your family. Divorce can also lead to grandparents no longer having access to their grandchildren. When this happens, it’s important to know how grandparents can enforce visitation rights in Louisiana.
Parents have very specific rights over their children in the event of a divorce. They must establish custody and child support through legal cases. When it comes to grandparents, things become a little more complicated.
It’s wise to hire a dedicated grandparents’ rights lawyer to help you through family legal matters of this nature. When you partner with a local Louisiana family lawyer you can trust, you can take advantage of extensive legal knowledge and experience to make informed decisions about you and your family’s futures.
Navigating Grandparents’ Rights Cases in Louisiana
Grandparents don’t usually automatically have rights over their grandchildren without actively seeking them out. Under Louisiana law, they do have the right to file for reasonable visitation rights under certain circumstances.
Common types of grandparents’ rights cases that Louisiana families deal with include requests for visitation rights and custody rights. In 2021, approximately 6.7 million adults over the age of 30 across the United States lived with their grandchildren.
In Louisiana, more than 200,000 grandparents specifically are raising their grandkids and are responsible for their basic needs as of 2022. Whether you’re seeking a visiting schedule or full custody, it’s wise to hire a grandparents’ rights lawyer to help you understand your rights and legal options under Louisiana law.
Grandparents’ rights cases don’t necessarily have to go to court, but final decisions are only enforceable if approved by a judge. In Lafayette, Vermilion and Acadia Parishes, cases regarding grandparents’ rights are heard in the family division of the 15th Judicial District Court.
How Grandparents Can Enforce Visitation Rights in Louisiana
During 2023 alone, more than 1.8 million Americans divorced. Though Louisiana has a low divorce rate of 0.9 per 1,000 people, these matters still affect a great number of families across the state.
Other circumstances that can lead to grandparents seeking visitation rights include one or both parents being deemed incapable of caring for the child or if they’re absent altogether.
A grandparent can only ask the court for visitation if one of these events occurs:
- The parents are not married, are not living together as a married couple, or have filed for divorce.
- The married parents have lived apart for at least six months.
- One of the parents has died, been put in prison, or been interdicted (declared legally incompetent).
- Extraordinary circumstances exist, such as a parent abusing drugs or the state taking custody of the child due to abuse or neglect.
If a child is placed in foster care, the grandparent can also exercise their rights to see or attempt to gain custody over them.
FAQs
Do Grandparents in Louisiana Automatically Have the Right to See Their Grandchildren?
No, grandparents in Louisiana do not automatically have the right to see their grandchildren. They do have the right to seek visitation or custody rights, but only under certain circumstances. For starters, grandparents must prove that their presence in the child’s life is in their best interest. Qualifying circumstances to request custody or visitation may include:
- Death of parent(s)
- Divorce or separation
- Foster care
- Incapacity of parent(s)
- Substance abuse
Can a Grandparent Become a Child’s Legal Guardian in Louisiana?
Yes, a grandparent can become a child’s legal guardian in Louisiana, but only under certain circumstances. This can be accomplished through court-appointed guardianship, also known as tutorship, or formal kinship guardianship.
It’s also possible to get a signed and notarized agreement from the parents that gives the grandparent power to handle certain decisions for the child for a set period of time before having to get a judge involved. This is known as Provisional Custody by Mandate.
How Do Courts Determine Grandparents’ Visitation Rights in Louisiana?
How courts determine grandparents’ visitation rights in Louisiana ultimately boils down to the best interest of the child. Louisiana judges are going to make any decision regarding a child based on their best interests.
You can expect them to look for proof of qualifying events for requesting grandparent visitation. You can expect them to look at a number of factors, including:
If a grandparent qualifies to file a petition, the judge decides whether to grant visitation by reviewing specific factors:
- The length and quality of the prior relationship between the grandparent and the child.
- The emotional ties and love between the child and the grandparent.
- The health (mental and physical) of all people involved.
- The moral fitness of the parties.
- The stability of the child’s home and routine.
- The preference of the child, if the child is old and mature enough to express an opinion.
- The willingness of the grandparent to encourage a close relationship between the child and the parents.
Can I Dispute the Outcome of a Grandparents’ Rights Case?
Yes, you can dispute the outcome of a grandparents’ rights case through several legal avenues. If you wish to dispute the outcome of a grandparents’ rights case, you can do so through:
- Formal appeal
- Motion to modify
- Motion for a new trial
These cases tend to have stricter deadlines and a higher burden of proof. It’s wise to hire a Louisiana family lawyer to help you understand your legal options based on your case.
Hire a Grandparents Rights Lawyer to Help With Your Case in Louisiana
If you’re navigating a grandparents’ rights case in Louisiana, the right legal representation can make all the difference. Laura L. Davenport, LLC has been representing individuals and families through complicated legal matters for years.
Our team understands how much is at stake when it comes to family, and we’re committed to advocating for your goals and rights throughout a grandparents’ rights case.
For decades, our firm has been providing proactive family legal strategies to our clients throughout Lafayette Parish. Our goal is to educate you on your options and help you make informed decisions for you and your family.
Over the years, we’ve earned a stellar reputation amongst our clients and peers alike, winning the American Institute of Family Law Attorneys’ Attorney Client Satisfaction Award and the Three Best Rated® Top 3 Divorce Lawyers in Lafayette Award.
Our firm was also recognized as:
- Acadiana Advocate’s Acadiana’s Choice
- Acadiana Profile Magazine’s Top Lawyers of Acadiana
- Attorney & Practice Magazine’s Top 10 Family Law Firms
- Lead Counsel-rated*
If you’re ready to learn more about how we can help with a grandparents’ rights case, reach out to our office in Lafayette to discuss your case in more detail. We’re conveniently located near I-10, making us an easier trip for our clients in southern Louisiana. Contact us to set up an initial appointment with an attorney you can trust today.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
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