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Grandparents and obtaining custody of their grandchildren

A Louisiana judge may grant a grandparent’s request to obtain visitation rights to a grandchild. However, this is only true if it would be in the child’s best interest to maintain a relationship with that extended family member.

Is the child in danger?

A grandparent may be given access to a child who is being abused or neglected. As a general rule, a minor might be placed in a grandparent’s care if he or she is being physically, sexually or emotionally abused. A minor might also be placed in the care of an extended family member after being abandoned by that person’s biological parents.

It’s important to note that financial difficulties are generally not sufficient grounds to remove a child from a parent’s care. If you are concerned about the well-being of your grandchild, you might want to speak with an attorney who has worked on grandparents’ rights issues.

Have parental rights been terminated?

Courts prefer that a minor remain in the custody of a biological parent whenever possible. However, people can voluntarily relinquish their rights to a son or daughter. In such a scenario, a judge may order the child to be placed in a grandparent’s care. A parent may also temporarily relinquish custody of a minor to attend a rehab program, complete a jail sentence or for other reasons.

An attorney may take steps to help you obtain visitation, custody or other rights to a minor child. For instance, the attorney may ask a judge to terminate the biological parent’s rights on the grounds that the child has been subject to abuse or neglect.

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