Baton Rouge Grandparents Rights Attorney
Divorces and other complicated family matters can severely impact an entire family, especially children. Many grandparents want to protect their ability to remain in their grandchildren’s lives and provide them with stability and support during parental separation. In some cases, grandparents may want to seek custody of a grandchild to provide a safe living environment. A Baton Rouge grandparents’ rights lawyer can help grandparents navigate this complex situation.
Grandparents do have certain rights for visitation and custody of grandchildren in extraordinary circumstances. The right attorney can help you understand your rights and review your family’s unique situation to determine your options.
Longman Jakuback: Upholding Grandparents’ Rights
Grandparents play an incredibly important and special role in their grandchildren’s lives. At Longman Jakuback, we understand how changing family circumstances can make grandparents worry about the time they’ll be able to spend with their grandchildren.
You do have rights as a grandparent, although you do not automatically receive custody or visitation rights. We can help you determine if you have the basis to request visitation rights. We want to help uphold your grandparent rights.
At Longman Jakuback, we have experience in family law cases, including complex custody determinations during divorce, separation, and other cases involving child custody. We offer straightforward and compassionate legal representation as you determine how to protect the interests of your family. We understand how personal these cases can be, and we want to help you make informed decisions about your future and the future of your grandchildren.
Custody and Visitation Rights of Grandparents in Baton Rouge
Louisiana family courts know that grandparents can be incredibly important for children to have around, but they respect the rights of parents to decide who can be involved in their child’s life. The family court’s priority will always be the child’s best interest when making decisions on their behalf. The court may assume that a parent is making decisions that are in their child’s interest if that parent is not shown to be unfit.
Grandparents are allowed to petition for reasonable visitation rights when parents file for divorce or if parents are separating and not cohabitating. If parents are married, have not filed for divorce, or are still living together, then a grandparent can only petition for visitation rights in the following situations when the child is under the age of 18:
- If a married or unmarried parent dies or is incarcerated, the parents of the deceased or incarcerated parent can request reasonable visitation rights if it is in the child’s interests.
- If a married parent is interdicted, the parents of the interdicted parent can also request reasonable visitation rights in the child’s interests.
- If parents have lived separately for six months or longer, grandparents can request reasonable visitation rights in extraordinary circumstances, including if the court has determined a parent is abusing a dangerous drug.
There may be other extraordinary circumstances that allow grandparents to request visitation or even custody rights of their grandchildren. It is important to discuss your case with a Baton Rouge Grandparents Rights Lawyer.
What Is the Best Interest of a Child?
In any custody decision, the court primarily considers the child’s best interests. The court will consider the following when determining if it is in a child’s best interest to receive third-party visitation or be put in the custody of a grandparent:
- The parents’ rights to make decisions for the care and custody of their child, including the presumption that the parents will act in their child’s interests
- The relationship between the grandchild and grandparent, including the quality and length of the relationship prior to requesting visitation or custody
- The grandchild’s special needs for care or guidance and whether the grandparent is most equipped to provide that care
- The grandchild’s preference, depending on their maturity level
- The mental and physical well-being of the grandparent and grandchild
The court may also consider other factors depending on the family’s circumstances, such as evidence of abuse, mental health issues, or substance abuse by a parent or grandparent.
FAQs
A: Grandparents can get visitation rights in Louisiana, as well as custody rights. The court recognizes the importance of familial relationships in a child’s life, including with their grandparents. When parents are separating or divorcing, grandparents have the right to petition for visitation rights, but they must provide evidence that their relationship with the child has been negatively impacted.
Other extraordinary circumstances allow grandparents to petition for visitation rights, such as parents who are imprisoned, legally incompetent, or unable to provide care for a child.
A: In Baton Rouge and Louisiana, grandparents do not have the same legal responsibility to provide financial support for a child as legal and biological parents do. Grandparents are not obligated to provide child support, nor will the court order that child support. If grandparents have custody of a child, this may impact child support. It is important to discuss your case with a skilled Baton Rouge Grandparents Rights attorney to determine your rights and obligations as a grandparent.
A: The Louisiana law for grandparents’ rights is that grandparents have the right to petition for visitation with their grandchildren if the child’s parents have filed for divorce or are not married and not cohabitating with another person like a married couple. If these situations do not apply, a grandparent may be able to request visitation under extraordinary circumstances.
It is important to discuss your situation with a Baton Rouge Grandparents Rights Lawyer to protect your rights as a grandparent and the interests of your grandchildren.
A: A grandparent may be able to seek child custody if the parents are unfit. A parent is considered unfit in Louisiana if they are unable to provide for their child’s basic needs and care. The circumstances that make a parent unfit can vary. It may include:
Determining and proving a parent to be unfit can be complex and emotionally strenuous for a family, but it is often necessary if a child is in danger.
Hire an Effective Family Law Attorney in Baton Rouge
At Longman Jakuback, we want to help you protect your rights as a grandparent and protect the rights of children. Contact our firm today to learn how we can help you.
