grandparents visitation rights in NO DIVORCE situation (just family dispute)

[ruthannalston]

What is the name of your state (only U.S. law)? Husband and I live in Louisiana, my mother lives in Texas

My husband and I have been married for 15 years. I won't go into all the details but my mother and I had a "falling out" in January of this year that has escalated into her not wanting to have anything to do with me anymore. HOWEVER, she still wants to see our children (her grandchildren). Again, to save you from a looong story and regardless of how bad it may sound to say so without telling the background, we feel it would be better for the children to not see or talk to her anymore. She says she has legal rights and will be hiring an attorney to get visitation with them. What does the law say about this kind of thing? My husband and I live in Louisiana and my mother lives in Texas. Again, my husband and I have been married 15 years and we are both the bilogical parents of the children. thanks!

 

[TheGeekess]

Grandparents do not have inherent rights to their grandchildren.

Most states will not even entertain the idea of granting grandparent visitation if the parents of the children are still married.

Louisiana has several laws that grant the right to seek grandparent visitation, assuming visitation is found to be in the best interest of the child. However, a recent US Supreme Court decision has cast doubt on the future of Louisiana grandparent visitation laws.


There have been many cases heard in Louisiana on the subject of grandparent visitation. Although the welfare of the children is paramount, it appears that only where a child's parent dies, is interdicted, or incarcerated, do the parents of that parent have the right to visitation of their grandchildren."

Grandparent Legal Rights in Louisiana

Title 9 of the Civil Code Ancillaries allows grandparent visitation where the visitation would be in the best interest of the children:

LSA R.S. 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.

Finally, Civil Code Article 136 gives visitation rights, under extraordinary circumstances, to a relative by blood or affinity (which, of course, includes grandparents). Where Article 136 conflicts with R.S. 9:344, the provisions of R.S. 9:344 shall supersede Article 136. Before granting visitation under Article 136, the court must consider such things as 1) the length of time and quality of the relationship; 2) whether the child needs guidance which can be best provided by the relative; 3) the preference of the child, if the child is mature enough to express a preference; 4) the willingness of the relative to promote a close relationship with the parent; and, 5) the mental and physical health of the child and the relative.

LA LEGAL - Law Articles - Grandparent Visitation, Pt. 3

Feel welcome to tell Mom to pound sand.