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Grandparent Issues: Louisiana
(Provided by: Divorce Source, Inc. Staff)

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 Annotated Revised 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:

the child's love, affection and emotional ties with each parent;

capacity and disposition of the parties to give love, affection, guidance, education, and religious guidance;

capacity and disposition of the parties to give the child food, clothing, medical care, etc.,

length of time the child has been in a stable, satisfactory environment, and the desirability for continuity;

permanence as a family unit of the existing or proposed home;

moral fitness of the parties;

mental and physical health of the parties;

home, school and community record of the child;

preference of the child, if old enough;

willingness of each party to facilitate a relationship between the child and the other spouse;

distance between parties residences; and

any other factor the judge decides is proper (except race).

LSA-C.C., Art. 131 et seq.

Parents May Choose:

Yes

Go to: Grandparent Issues Informational Section

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