Grandparents are significant figures in their grandkids’ lives, offering them affection, support, and direction. However, there are several situations when grandparents may struggle to keep their relationship with their grandchildren intact. 

This blog article discusses grandparent rights, legal difficulties, and the significance of consulting a lawyer to handle visitation and custody disputes properly.

What are Grandparents’ Rights?

The legal advantages and rights accorded to grandparent visitation or custody of their grandchildren are grandparents’ rights. Even while these rights differ amongst countries, they all typically acknowledge the value of the grandparent-grandchild connection and work to safeguard it so they can spend time together.

Grandparent Custody Rights

Grandparents have custodial rights when their child is deceased, in prison, hospitalized for mental health issues, or their grandchild is physically or sexually abused or neglected. If a Juvenile Court case has been opened by the Department of Child and Family Services, then grandparents need to obtain legal counsel immediately to intervene in the case. 

If the Department of Child and Family Services has not yet intervened, then grandparents need to obtain legal counsel to immediately file a Petition for Ex Parte (emergency) Custody. This can also be based on a history of physical custody (in other words if the children have a history of living with the Grandparent) or the parent has a history of drug or alcohol abuse. 

Sometimes it is necessary to seek a change in custody from one extended family member to another extended family member. This can likewise be caused by death, illness or substance abuse by the other extended family member. A change in custody may even require relocation of the minor children to another school, Parish or State. There are additional legal requirements to accomplish a relocation.

Legal representation is also helpful in navigating the courtroom, gathering required evidence, and successfully defending the grandparents’ interests. It will also be able to assist the duration of a custody battle.

grandparents rights louisiana

Grandparent Visitation Rights

If the Grandparents’ child is deceased, imprisoned or hospitalized for mental health issues, their attorney can file either for custody or for regular and frequent visitation.

Child Support for Custodial Grandparents

Grandparents frequently are entitled to child support from one or both parents and to receive any state or federal aid or benefits to which the child is entitled. Make sure to hire a family law attorney who is familiar with Grandparent rights. Grandparents should print or record to a flash drive any evidence they have of:

  1. Abuse or neglect by a parent or other relative;
  2. Death, hospitalization or imprisonment of a parent or other relative;
  3. Drug or alcohol abuse by the parent or other relative.

This can include newspaper clippings, calendars, audio recordings, social media posts, emails, text messages, police reports, overdose records, photos, medical records, pharmacy records, court criminal records, videos, death certificates, obituaries or private investigator reports, and provide these to their attorney.

Louisiana Family Lawyer

Ellen Cronin Badeaux, LLC has 30 years of experience obtaining visitation and custody for Grandparents in Amite, Bogalusa, Chalmette, Covington, Denham Springs, East Baton Rouge, Franklinton, Gonzales, Gretna, Hammond, Harvey, Kenner, Livingston, Madisonville, Mandeville, Metairie, New Orleans, Slidell, St. Helena, Violet and Westwego. Give us a call at 985-892-1955 or email us at: office@ecbadeauxlaw.com.