a sad grand mother

What is the name of your state? louisiana


What are my rights to visitation with my grandson. My ex-daughter in law has custody of him. She wont even let me talk to him on the phone. When i call she makes up excuses so i cant talk with him. They live in louisiana and i live in texas. When i went to visit him on a weekend she said they had plans. My heart is breaking because i raised him from the time he was 2 till he was 6 years old. My son had custody then in arkansas. What are my rights please tell me i have some rights to see my grandson. desperate grandma

Here is some info: http://www.divorcesource.com/info/grandparents/states/louisiana.shtml

It looks as though you have no right in LA to file for visitation rights as long as your son is alive. Does he have visitation rights? Then that's the time you get to see your grandson. Also, Mom does not have to allow phone contact.

terry10344
Louisiana law does allow for relatives, including grandparents, to file for visitation when a change in custody results in the custodial parent's denial of visitation between child(ren) and a relative who has enjoyed a significant relationship with the child(ren) and continued visitation would be in the best interest of the child. The section of the law copied below does not relate to adoption but to change in custodial parent.

http://www.legis.state.la.us/tsrs/search.htm

Art. 136. Award of visitation rights
A. A parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child.
B. Under extraordinary circumstances, a relative, by blood or affinity, or a former stepparent or stepgrandparent, not granted custody of the child may be granted reasonable visitation rights if the court finds that it is in the best interest of the child. In determining the best interest of the child, the court shall consider:
(1) The length and quality of the prior relationship between the child and the relative.
(2) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative.
(3) The preference of the child if he is determined to be of sufficient maturity to express a preference.
(4) The willingness of the relative to encourage a close relationship between the child and his parent or parents.
(5) The mental and physical health of the child and the relative.
C. In the event of a conflict between this Article and R.S. 9:344 or 345, the provisions of the statute shall supersede those of this Article.
Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 1995, No. 57, §1.

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Find an attorney willing to assist you and give it a try. I wish you success in gaining visitation with your grandchild.

EC

Sorry EC, but the operative part of this statute is the following:

C. In the event of a conflict between this Article and R.S. 9:344 or 345, the provisions of the statute shall supersede those of this Article.

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And R.S. 9:344 allows grandparent visitation ONLY for "...If one of the parties to a marriage dies, is interdicted, or incarcerated" or "...If the parents of a minor child or children of the marriage are legally separated or living apart for a period of six months" and does not confer that right in strict sense of divorce.

And since this is a divorce and neither of the parents are dead, there is no statutory provision for third-party visitation. If she files at this time she would lose without standing.

BelizeBreeze
I found the wording to indicate a ray of hope; is there none at all? Does the section of the law that I posted indicate the grandparent may have the right to file for custody of the child?

In the sense of decency and behavior of a reasonable society, eliminating grandparent-grandchild relationships does not seem to be in keeping with why we have laws. Neither does allowing a nude cleaning service and even though visions of a nude Brad Pitt feather dusting my abode does bring a certain sense of 'hell, yes' it does not compare to the vision of my granddaughter with a feather duster, playing in my living room.

EC

ellencee said:

BelizeBreeze
I found the wording to indicate a ray of hope; is there none at all? Does the section of the law that I posted indicate the grandparent may have the right to file for custody of the child?

In the sense of decency and behavior of a reasonable society, eliminating grandparent-grandchild relationships does not seem to be in keeping with why we have laws. Neither does allowing a nude cleaning service and even though visions of a nude Brad Pitt feather dusting my abode does bring a certain sense of 'hell, yes' it does not compare to the vision of my granddaughter with a feather duster, playing in my living room.

EC

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I agree with Belize that she does not have standing. However, even if she did, if her son has parenting time then its highly unlikely that she would win...most likely the judge would just order that she visit during her son's parenting time.

We also don't know the reason for the custody change....or if the grandmother was cooperative with the mother exercising parenting time while the child and father were living in her home. Sometimes we "reap what we sow".

ellencee said:

BelizeBreeze
I found the wording to indicate a ray of hope; is there none at all? Does the section of the law that I posted indicate the grandparent may have the right to file for custody of the child?

In the sense of decency and behavior of a reasonable society, eliminating grandparent-grandchild relationships does not seem to be in keeping with why we have laws. Neither does allowing a nude cleaning service and even though visions of a nude Brad Pitt feather dusting my abode does bring a certain sense of 'hell, yes' it does not compare to the vision of my granddaughter with a feather duster, playing in my living room.

EC

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I have no argument with you dear. Nor with the image of Brad Pitt, although I would choose his wifey-poo

But until the laws are changed, grandparents in this case have no standing in law to challenge for visitation except as eminates from the parents. And that's as it should be. Call it harsh, but Troxel stated simply that parents have a fundamental right to privacy in the decision-making process regarding their own children.

If grandparents, who are no more than cousins, second cousins or other third-parties, are given rights that eminate in law and not in the family, then where does it stop? Do we then stipulate that the law, not the parents, have decision-making rights to children? And what are the criteria? Is it blue-eyed children only? Or black Children? Mexica? White babies born in families whos income does not reach the level of median income in their home county?

The ONLY solution at this point for grandparents is to raise their own children with a sense of right and wrong and equity in life. Then, and only then, will they make the right decisions regarding their own children.

In this particular case there IS a ray of hope. The son can step up to the plate and be a father to his children, exercise ALL of his visitation rights, and demand more, then include HIS parents in that visitation.

But it's the ONLY ray of hope.

The ONLY solution at this point for grandparents is to raise their own children with a sense of right and wrong and equity in life. Then, and only then, will they make the right decisions regarding their own children.

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Got kids? Raise them right? Did they always make the right decision? If not, was it a reflection of your parenting? rhetorical questions, only.

I just believe with all my heart and soul that when a grandparent has been an important part of the child's life and vice versa and the 'other' parent of the child has custody and will not allow phone calls, visitation at least twice a year, letters, etc. and the grandparent's child who is the parent is not behaving with maturity and responsibility, then the law should provide for grandparent-grandchild relationship and Troxel be damned. If laws were made by women...well, scratch that thought...it would just be one cat fight after another.

Oh, and thank goodness you prefer Mrs. Pitt; that way, I can still flirt with you!

EC

Just remember EC, the fact that one parent doesn't 'do the right thing' is a dangerous foundation for changing the laws to take parenting decisions out of the hands of ALL parents.

This case is not unique. Nor is it sad except for the fact that the sone can't or won't support his parents in their attempt to gain visitation. But then, not all children know how to pull their heads out of their heads and do the right thing.

A little trivia before I have to move on to other activities for a while...It was grandparents' rights that brought me to this forum about three years ago when I was one of three who posted under the same username. One of the three had a child who had lost all sense of right and wrong and had become what we considered to be abusive towards her children. Grandmother wanted to know if she could get emergency custody and if so, how to do it. We got one response; it was from Grandma B and was simply a reach-out-and-touch-type of response, though it was appreciated.

The grandmother seeking advice on emergency custody ended up with permanent custody and obtained it through the court; but, it wasn't the way she wanted to gain custody. Her child, the abusivie mother, and her child's husband went to Texas to party and were killed in an airplane crash on the way home. Grandmother doesn't post anymore; she's too busy. The other original poster and I still participate.

EC

(IAAL--I know; I know--anecdotal and worthless! Come on--what's it going to take for you to speak to me again?)

(IAAL--I know; I know--anecdotal and worthless! Come on--what's it going to take for you to speak to me again?)

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A red wig and big boobs would be a start. Send me a Photo and I'll retouch it and forward it

Grandparent's rights

I also visited this site searching for grandparent's (in my case, great-grandparent's) rights. We have a grandson who is a parent but gave up
custody to his ex-wife because he now has a controlling wife who wanted
our great-grandson out of her husband's life. My daughter and son-in-law
had been a big part of the boy's life and she in fact was the major care giver
for most of his life. With the help of lawyers we were making slow progress
when the ex-daughter-in-law left her current relationship
and suddenly needed help.
Now the two of them, our great-grandson and his mom, are
living with my daughter and son-in-law. Miracles do happen so persevere
and keep the prayers going. Above all else try to be kind to the custodial
parent in spite of the way you are treated. If this parent needs help you
may be in the one they turn to. Good luck. By the way, the great-grandson is happy as a lark! His grandparents also were not allowed to talk
to him on the telephone. He is 5 now and called me yesterday just to show he could. He was laughing and having a great time.

BelizeBreeze

A red wig and big boobs would be a start. Send me a Photo and I'll retouch it and forward it

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I don't need a wig and the photo won't need a retouch unless something's wrong with my face(?)!
He hates me! sob. It's a professional thing, I think. sob. I'm trying to learn to live with it, though.
EC

ellencee said:

BelizeBreeze
I don't need a wig and the photo won't need a retouch unless something's wrong with my face(?)!
He hates me! sob. It's a professional thing, I think. sob. I'm trying to learn to live with it, though.
EC

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Come sit on my lap baby and tell me all about it

O...k...

EC