How Louisiana’s Article 136 Shapes Grandparent Visitation Rights
Key Takeaways: Louisiana Civil Code Article 136 governs non-parent visitation, including grandparents, former stepparents, stepgrandparents, and other relatives by blood or affinity (under extraordinary circumstances). Grandparents may petition for visitation when parents are unmarried and not cohabiting, or when they file for divorce. Louisiana Revised Statutes §9:344 provides additional pathways when parents are parties to a marriage and a parent dies, is interdicted, or is incarcerated, and it also addresses cases where parents live in concubinage (cohabiting) though interdiction is not a triggering event in the concubinage pathway. Courts weigh the child’s best interest against the parent’s constitutional right using five specific statutory factors. "Extraordinary circumstances" may be required depending on the family situation. An experienced Houma family law attorney can help determine whether your situation qualifies.
If you are a grandparent in Houma or Terrebonne Parish cut off from a grandchild, Louisiana law may provide a path to court-ordered visitation. Civil Code Article 136 governs visitation rights for non-parents in Louisiana, including grandparents, former stepparents, stepgrandparents, and other relatives by blood or affinity (under extraordinary circumstances). This law allows these individuals to petition the court for time with a minor child, even when a parent has denied access. Sibling visitation rights are governed separately under Louisiana Revised Statutes §9:344.
If you have questions about grandparents rights in Louisiana, Damon J Baldone & Associates can help you evaluate your options. Call 985-868-3427 or reach out to schedule a consultation to discuss your family’s situation.
What Is Civil Code Article 136?
Article 136 is the Louisiana Civil Code provision that authorizes courts to grant visitation rights to non-parents. It recognizes that children may benefit from relationships with grandparents, stepparents, stepgrandparents, and close relatives by blood or affinity, even when opposed by a custodial parent.
For grandparents, Article 136 opens the door to visitation in specific scenarios. Under Article 136(B), grandparents may petition for visitation when the child’s parents are not married and not cohabiting, or when the parents have filed for divorce. When parents are married and have not filed for divorce, or are living in concubinage, Article 136(E) directs that RS §9:344 applies, governing situations involving death, interdiction, or incarceration of a parent for parties to a marriage, and addressing concubinage (cohabiting) situations separately. Courts must balance the grandparent’s request against the parent’s fundamental constitutional right to make decisions about their child’s upbringing.
💡 Pro Tip: Before filing, gather documentation of your prior relationship with the grandchild. Photographs, visit records, and communications demonstrate the length and quality of your bond.
Who Can File for Grandparent Visitation in Louisiana?
Louisiana law grants standing to several categories of non-parents, but grandparents have the broadest access. Under Article 136 and Louisiana Revised Statutes §9:344, grandparents may seek visitation when:
- The child’s parents are not married and not cohabiting
- The child’s parents have filed for divorce
- Parents are married and a parent has died, been interdicted, or is incarcerated
- Parents are living in concubinage (cohabiting) and a parent has died or is incarcerated (interdiction is not a triggering event in the concubinage pathway)
- Parents of a marriage have lived apart for at least six months, and extraordinary circumstances exist
Siblings of the minor child also have standing under RS §9:344(C). This applies when one party to a marriage dies or is incarcerated, and the court finds visitation would be in the child’s best interest.
When Unmarried Parents Are Involved
The statute specifically addresses families where parents lived together without marriage. Under Article 136(E), when parents are living in concubinage, RS §9:344 governs visitation. If one parent dies or is incarcerated (interdiction is not a triggering event under the concubinage provision), the parents of that party may petition for reasonable visitation. This ensures grandparents are not locked out simply because the child’s parents were never legally married.
💡 Pro Tip: If you are a grandparent of a child whose parents were never married, you may still have a legal basis for visitation. Consult with a local attorney to determine whether Article 136 or RS §9:344 applies.
What Factors Do Courts Consider When Deciding Grandparent Visitation?
Louisiana courts do not grant grandparent visitation automatically. Every petition requires a fact-specific analysis using the best interest factors outlined in Civil Code Article 136(D). These are the exclusive considerations courts may weigh:
- The parent’s fundamental constitutional right to make decisions concerning their child’s care, custody, and control, along with the presumption that a fit parent acts in the child’s best interest
- The length and quality of the prior relationship between the child and grandparent
- Whether the child needs guidance or tutelage that can best be provided by the grandparent
- The child’s preference, if the child is of sufficient age and maturity
- The mental and physical health of both the grandparent and child
Fit parents’ objections carry significant weight. The first statutory factor requires courts to consider the parent’s constitutional right and the presumption that fit parents act in their children’s best interest. However, courts can still grant visitation over objection when statutory criteria are satisfied. To learn more about how Louisiana courts evaluate these considerations, review the 14 best interest factors in Louisiana custody cases.
| Situation | Legal Basis | Standard of Proof |
|---|---|---|
| Parents married; one parent deceased, interdicted, or incarcerated | RS §9:344(A) | Best interest of the child |
| Parents living in concubinage (cohabiting); one parent deceased or incarcerated | RS §9:344(B) | Best interest of the child |
| Parents of a marriage lived apart 6+ months | RS §9:344(D) | Extraordinary circumstances + best interest factors |
| Parents not married and not cohabiting | Civil Code Art. 136(B)(1) | Best interest of the child |
| Divorce petition filed | Civil Code Art. 136(B)(1) | Best interest of the child |
| Non-grandparent relatives seeking visitation | Civil Code Art. 136(B)(2) | Extraordinary circumstances + best interest of the child |
💡 Pro Tip: If the other parent opposes your petition, prepare to demonstrate with specific evidence how your relationship benefits the child. Courts look for concrete examples, not general assertions.
The "Extraordinary Circumstances" Requirement
Not every grandparent visitation case follows the same legal standard. When parents of a marriage have lived apart for six months, grandparents may seek visitation only under "extraordinary circumstances," and the court must apply the best interest factors from Civil Code Article 136(D). Under RS §9:344(D), extraordinary circumstances include, but are not limited to, a court determination that a parent is abusing a controlled dangerous substance.
What Qualifies as Extraordinary Circumstances?
Substance abuse is the only example the statute expressly names, but courts may recognize other situations. The law leaves room for judicial interpretation, meaning the facts of each case matter. Grandparents seeking visitation under this heightened standard should be prepared to present clear and convincing evidence that circumstances are genuinely extraordinary and that visitation serves the child’s welfare.
How This Standard Differs for Non-Grandparent Relatives
For non-grandparent relatives, Article 136(B)(2) imposes the extraordinary circumstances requirement in all cases. The court may grant visitation to other relatives by blood or affinity, or to former stepparents or stepgrandparents, only in extraordinary circumstances and only if visitation is in the child’s best interest. Unlike grandparents, who need only satisfy the best interest standard when Article 136(B)(1) applies, these petitioners must always demonstrate extraordinary circumstances.
💡 Pro Tip: If your case involves the "extraordinary circumstances" standard, consider whether there are prior court findings or documented evidence of parental unfitness, substance abuse, or other qualifying conditions.
How Louisiana Compares to Other States on Grandparents Rights
Louisiana’s approach reflects a careful balance between parental autonomy and child welfare. Louisiana’s framework under Article 136 and RS §9:344 is more detailed than many states. A 50-state survey of grandparent visitation laws can provide comparative context.
What makes Louisiana’s framework distinctive is its statutory specificity. The law identifies particular circumstances, death, incarceration, interdiction (for parties to a marriage), concubinage, and extended separation, and assigns different legal standards to each. This is why working with a Terrebonne Parish grandparent rights attorney familiar with these statutes can make a meaningful difference.
Protecting Your Relationship With Your Grandchild
Filing a petition for grandparent visitation requires preparation. You must identify the correct legal basis for your claim, gather evidence supporting the best interest factors, and be ready to present your case in court.
Build your case early to strengthen your position. Document your relationship with your grandchild, preserve communications, and keep records of any attempts to maintain contact. If a parent has denied access, note the dates and circumstances.
💡 Pro Tip: Keep a journal documenting your interactions with your grandchild and any denied visitation requests. Courts find contemporaneous records more credible than after-the-fact recollections.
Frequently Asked Questions
1. Can a grandparent get visitation in Louisiana if both parents object?
Yes, under certain circumstances. Louisiana courts can grant grandparent visitation even when both parents object, but the grandparent must meet the applicable legal standard. When parents of a marriage have lived apart for six months, the grandparent must show extraordinary circumstances. When parents are not married and not cohabiting, the grandparent need only satisfy the best interest standard, though parents’ objections carry significant weight.
2. What happens if my grandchild’s parent has died?
RS §9:344(A) specifically addresses this situation. If one parent of a marriage dies, the parents of the deceased party may petition for reasonable visitation rights. The court must find that visitation would be in the child’s best interest. If the parents were not married but lived in concubinage, RS §9:344(B) provides a pathway only when one parent dies or is incarcerated (interdiction is not a triggering event in the concubinage provision).
3. Do I need to prove "extraordinary circumstances" to get grandparent visitation?
It depends on your situation. If you seek visitation because a parent has died, is interdicted, or is incarcerated while parents are married, you generally need only show visitation is in the child’s best interest. However, if parents of a marriage have lived apart for six months, the extraordinary circumstances standard applies. If parents are not married and not cohabiting, Article 136(B)(1) requires only a best interest finding.
4. Can siblings also get visitation rights in Louisiana?
Yes. Under RS §9:344(C), siblings of a minor child of a marriage may petition for reasonable visitation when one party to the marriage dies or is incarcerated, and the court finds visitation would be in the child’s best interest.
5. How long does the grandparent visitation process take in Terrebonne Parish?
The timeline varies based on case complexity. Whether parents contest the petition, whether discovery is needed, and the court’s schedule all affect timing. Some matters may resolve within a few months, while contested cases can take longer.
Taking the Next Step Toward Grandparent Visitation
Grandparents rights in Louisiana are grounded in specific statutes that provide real, enforceable pathways to visitation. Whether your grandchild’s parent has passed away, is incarcerated, or the family is going through divorce or separation, the law recognizes that your relationship with your grandchild may deserve protection. The key is understanding which legal standard applies and preparing a case that satisfies the court’s requirements.
If you are a grandparent in Houma or Terrebonne Parish seeking visitation with a grandchild, Damon J Baldone & Associates is prepared to help you navigate this process. Call 985-868-3427 or contact us today to discuss your grandparent visitation case.