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re: OT Lawyers - Grandparents Rights in Louisiana

Posted on 11/14/19 at 9:19 pm to
Posted by Ton Chou
On the Levee
Member since Feb 2010
757 posts
Posted on 11/14/19 at 9:19 pm to
Here’s a scenario for you. A daughter in law during dating over a couple years that was great. Friendly, swapped dinner on Fridays or Saturdays, then have a baby and out of nowhere cuts you out of there life. Doesn’t like you talking to your own child and wants you to have nothing to do with your grandchildren. It’s that clean cut and happened just like that. I’ll stop here before I lose it.
Posted by saralsim
Louisiana
Member since Mar 2009
518 posts
Posted on 11/14/19 at 9:22 pm to
And that’s a valid situation - but it’s not what I’m talking about. I know what I know about “grandparents rights” because I’ve researched family visitation rights regarding access to nieces and nephews. I was raised by my grandparents, so I get it. But again, this is someone being kept from a child because they are unsuitable. Truly unsuitable.
Posted by Ton Chou
On the Levee
Member since Feb 2010
757 posts
Posted on 11/14/19 at 9:30 pm to
In that regard, you can keep actual parents from seeing the child if they are unsuitable, much less a grandparent. Wouldn’t worry about that in the least unless they are are loaded and connected and can get what they want.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 11/14/19 at 9:45 pm to
See Troxel v. Granville, SCOTUS case that handled grandparent visitation. They ruled a statute that allowed grandparents to petition to visit children against the wishes of the parents was a violation of substantive due process rights of the parents.
This post was edited on 11/14/19 at 9:49 pm
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
35682 posts
Posted on 11/14/19 at 10:53 pm to
grandparents have no rights
Posted by LouisianaLady
Member since Mar 2009
83166 posts
Posted on 11/14/19 at 11:00 pm to
quote:

Is “grandparents rights” even a thing? I would assume not, but I’m not an attorney.



Check out /r/JustNoMIL

These psychotic, toxic grandmothers get rights to spend time with their grandkids in some states.

EDIT - Its just a visitation thing and rarely do the win anything
This post was edited on 11/14/19 at 11:03 pm
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
159006 posts
Posted on 11/14/19 at 11:04 pm to
The system is stacked in favor of women anyway

If a man is trash in the first place it shouldn't be too hard to shaft him*





*That's what he said
Posted by scottfruget
Member since Nov 2010
3392 posts
Posted on 11/15/19 at 6:35 am to
There is a chance
Posted by Proximo
Member since Aug 2011
25106 posts
Posted on 11/15/19 at 6:43 am to
Read this case. Go to the law library and look up Louisiana cases on the subject
Posted by animalcracker
Member since Oct 2010
2441 posts
Posted on 11/15/19 at 6:48 am to
In Louisiana if the grandparents has a relationship with the grandchild, is considered to be positive influence in the child's life, has the means to take care of the child (there's also other terms). Then they can obtain court ordered visitation.
This post was edited on 11/15/19 at 6:58 am
Posted by randybobandy
NOLA
Member since Mar 2015
2195 posts
Posted on 11/15/19 at 7:12 am to
Only if the court finds...…..

finding the requisite extraordinary circumstances required by
La C C art l36B existed 3
La C C art l36B states in pertinent part
Under extraordinary circumstances a relative by blood or
affinity or a former stepparent or stepgrandparent not granted
custody of the child may be granted reasonable visitation rights if the
court finds that it is in the best interest of the child.

So unless one parent is dead or a parent is incarcerated, it probably won't happen.
Posted by Dixie Normus
Earth
Member since Sep 2013
2877 posts
Posted on 11/15/19 at 7:18 am to
Definitely need an attorney.

I actually know an attorney who hired a family law attorney to do exactly this and he won it for them (which is extremely difficult to do).
Posted by Macavity92
Member since Dec 2004
6349 posts
Posted on 11/15/19 at 8:14 am to
The law here is obscure and complicated. Get an attorney.
Posted by swamplynx
Lake Chuck
Member since Oct 2014
1277 posts
Posted on 11/15/19 at 9:45 am to
They need to get an attorney. Grandparents, in certain situations, can take custody of the children. Albeit, it may be temporary, they can take kids from the parents.

It's done more often than you think. However, given the zero facts you provided, it's impossible to tell if your friends would be successful.
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