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Louisiana Grandparents Rights in Divorce
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:
Parents May Choose:
LSA-C.C., Art. 131 et seq.
- 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).
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