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Louisiana Grandparent Visitation Rights

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  • 02-27-2007, 08:49 PM
    mimi69
    Louisiana Grandparent Visitation Rights
    I have a 1 year old granddaughter, her mom and I had a great relationship until recently when she moved out of her mom' house to go live w/ her boyfriend (she's 17!). When she moved in w/ her boyfriend, needless to say our relationship soured (not on my part). She began to lie to me about when and if I could pick up my granddaughter (prior to her move out, I had her EVERY weekend and any days I was off from work; which was school holidays). It has been brought to our attention (her mother and I) that the boyfriend that she lives w/ is a "drug dealer" and was arrested on 2/14. The police made a comment to her mom that it is a crack house that she is living in (w/ my granddaughter) and that they are always being called out to the house. Child Services were called; at this time I don't know the outcome of that. She now refuses to let me see my granddaughter and she doesn't answer the phone or answer the door when I attempt to go over. She believes I am conspiring w/ her mom to take my granddaughter away and she believes we called child services. I am/was not trying to take her child, we just want what's best for my granddaughter and living w/ a drug dealer is NOT what is best for a 1 year old!!! For the record we did not contact child services.....the police did. My son (unfortunately) is not available to fight for physical joint custody (he's away in the service trying to provide a better future for her; he just left before she cut us off). I am considering going to the courts to seek child visitation. I sooooo miss my granddaughter and want to continue the bond we share. How do I proceed? Do I have rights? Would I be able to get visitation rights?
  • 03-01-2007, 06:47 AM
    aaron
    Re: Grandparent visitiation
    Lousiana's grandparenting time statute provides,
    Quote:

    Quoting Louisiana Revised Statutes § 9:344. Visitation rights of grandparents and siblings
    A. If one of the parties to a marriage dies, is interdicted, or incarcerated, and there is a minor child or children of such marriage, the parents of the deceased, interdicted, or incarcerated party without custody of such minor child or children may have reasonable visitation rights to the child or children of the marriage during their minority, if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

    B. When the parents of a minor child or children live in concubinage and one of the parents dies, or is incarcerated, the parents of the deceased or incarcerated party may have reasonable visitation rights to the child or children during their minority, if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

    C. If one of the parties to a marriage dies or is incarcerated, the siblings of a minor child or children of the marriage may have reasonable visitation rights to such child or children during their minority if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

    D. If the parents of a minor child or children of the marriage are legally separated or living apart for a period of six months, the grandparents or siblings of the child or children may have reasonable visitation rights to the child or children during their minority, if the court in its discretion find that such visitation rights would be in the best interest of the child or children.

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