When should you seek judicial intervention?
The love between a child and a grandparent is unique. Many have experienced it first-hand. Unfortunately, this bond can be heavily strained when the child’s parents go through a divorce or are somehow unfit to raise the child. In some cases, it may prevent the grandparent from spending any time with their grandchild at all. In these situations, it may be appropriate for a grandparent to seek judicial intervention.
If you are a grandparent considering petitioning the court for visitation rights to see a grandchild, but you aren’t sure if it is appropriate, it is a good idea to schedule a time to sit and discuss your situation with an experienced Louisiana family law attorney. In some cases, it is best to handle the situation direction with the child’s parents. But in other cases, it may be necessary to seek an official order from the court.
In accordance with Louisiana statutes, in some situations, grandparents can seek the right to obtain reasonable visitation rights with their grandchild through the court. When a grandparent seeks rights, the court will examine the situation according to the child’s best interest when determining whether or not the petition should be granted.
Some Factors Considered When the Court is Petitioned for Grandparents’ Rights:
- The length of the relationship between the child and the grandparent.
- The quality of the relationship.
- Whether the child needs the grandparent to provide guidance.
- Whether or not the grandparent is the best person to provide the needed support.
- The child’s preference (if the child is old enough and mature enough to clearly express an opinion).
- The grandparents’ willingness to keep the parent-child bond intact.
- The grandparents’ health and the health of the child.
Prior to determining whether or not grandparents’ rights should be awarded, a hearing might be held to determine if the child needs to have their own legal counsel appointed. The court recognizes the potential enrichment that a relationship with a grandparent can provide and typically do not sever such relationships needlessly.
If you are seeking grandparents’ rights, relative rights, or need to discuss how to pursue any other type of visitation rights, please get in touch with one of the experienced family law attorneys at Stanley-Wallace Law.