Grandparent Visitation
La. C.C. art. 136 — a grandparent may seek visitation when the parents are unmarried, separated, or divorcing
When the child's parents are not married or living together as married, or have filed for divorce, a grandparent may be granted visitation if the court finds it in the child's best interest, and other relatives or a former stepparent may under extraordinary circumstances.
- A parent's fundamental right to decide the child's care, and the presumption that a fit parent acts in the child's best interest.
- The length and quality of the relationship between the child and the relative.
- Whether the child needs guidance best provided by the relative, and the child's preference if mature enough.
- The mental and physical health of the child and the relative.
When one parent of a married couple dies, is interdicted or is incarcerated, that parent's own parents may get reasonable visitation in the child's best interest. Grandparents or siblings may also, in extraordinary circumstances, when the parents have lived apart for six months.
Sources for this section (2)
- La. C.C. art. 136 — Award of visitation rights
- La. R.S. 9:344 — Visitation rights of grandparents and siblings
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.