Getting visitation for a non-parent can be a challenge, but there are certain circumstances that can make it easier. This article goes over some of the analysis a divorce lawyer might make in non-parent visitation in Louisiana.
The issues that a divorce lawyer faces can sometimes be complex. Oftentimes there are overlapping laws and state regulations which require families to observe certain rules when it comes to child custody, child support, and other family law issues. Sometimes it is easier to identify and explain these issues through the use of example. Today's article will be dealing with visitation rights for non-parents. This is a subject that frequently comes up because, technically, non-parent relatives are not automatically granted visitation rights of a child, even if they are very close to that child. It is up to them to petition a court to obtain such rights; and subsequent to such a petition the court will evaluate the merits of the case according to the Louisiana Civil Code in rendering its decision.
Let's say Randy and Maggie have been married for about fifteen years. They have one child, Chad. In their fifteenth year of marriage to one another, Maggie contacts a divorce lawyer to end her marriage. At this time, Chad is approximately ten years old. The soon to be ex-couple cannot amicably agree to a custodial arrangement, so Maggie has her divorce lawyer seek the help of a family law court in Louisiana. For various reasons not germane to our discussion today, the court awards Maggie sole custody over Chad. Randy is granted reasonable visitation rights. Over the course the next five years, these visitations normally consist of Chad visiting his father Randy at Randy's grandfather's house.
Randy typically does a good deal of business overseas, and he is frequently out of the country. Nevertheless, even if Randy is not in Louisiana, Chad still visits his grandfather's house over the course of the month. These meetings are very loving and fun; and both grandparent and grandchild enjoy them very much.
Now let's say that, unfortunately, Randy dies in a plane crash while away on business. Because Chad was technically visiting his father whenever he went to his grandfather's house, his grandfather now has no legal right to have visitation over his grandson. Let's also say that Maggie was never too high on the idea of Chad going out to see his father and grandfather, and now that Randy is dead, and without contacting her divorce lawyer, she terminates such visitation. Chad is not at all happy about this. He is now fifteen years old, and he has learned to relish his visits with his super-cool grandpa.
Under Louisiana Civil Code article 136, a blood relative that is not the parent of the child may be awarded visitation rights of that child if the court finds that it is in the child's best interest. There are a variety of different ways that a court will determine that best interest, and in our example a divorce lawyer could very well convey to a court that this exists. Chad had been regularly visiting his grandfather for many years, and the two clearly have grown close. Chad very much enjoys these visits, and presumably they have had a positive impact on his development.
Will Beaumont practices family law in New Orleans, LA. This article is purely informational; it is not designed to be taken as legal advice.
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