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Louisiana Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted to the parents of a deceased parent or parent who has been declared legally incompetent if it is found to be in the best interest of the child. Louisiana Statutes AnnotatedRevised Statutes, Article 9:344 (LSA-R.S. 9:344), and Children’s Code, Article 1264 (Ch. C Art. 1264).

When Adoption Occurs: The natural parents of a deceased party to a marriage dissolved by death and the parents of a party who has forfeited his right to object to the adoption of his child pursuant to Article 1245 of the Children’s Code may have limited visitation rights to a minor child who has been adopted.

Child Custody Statutes: Joint legal custody is preferred and presumed best for the child. Parties must submit a joint custody plan. If one party requests sole custody, he or she must prove it is in the child’s best interest considering the following factors: (1) the child’s love, affection and emotional ties with each parent; (2) capacity and disposition of the parties to give love, affection, guidance, education, and religious guidance; (3) capacity and disposition of the parties to give the child food, clothing, medical care, etc., (4) length of time the child has been in a stable, satisfactory environment, and the desirability for continuity; (5) permanence as a family unit of the existing or proposed home; (6) moral fitness of the parties; (7) mental and physical health of the parties; (8) home, school and community record of the child; (9) preference of the child, if old enough; (10) willingness of each party to facilitate a relationship between the child and the other spouse; (11) distance between parties residences; and (12) any other factor the judge decides is proper (except race). LSA-C.C., Art. 131 et seq.

Parents May Choose: Yes


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