What are grandparents’ visitation rights?

Lake Charles, LA (KPLC) – Legal Corner answers viewers’ civil legal questions.

QUESTION: I am a grandparent. My grandchild’s parents agreed to let the other grandparents adopt my grandchild. Since then, the other grandparents (now the adoptive parents) will not let me see my grandchild. Am I entitled to visitation rights with this child?

ANSWER: Louisiana law does allow for limited visitation rights to grandparents whose grandchild was adopted in an intrafamily adoption proceeding after the biological parents gave their consent to the adoption. However, the grandparent seeking the visitation is required to present evidence in court showing that they have been unreasonably denied visitation rights by the adopted parents and that the limited visitation rights would be in the best interest of the minor child.

Louisiana Children’s Code Article 1264 provides that notwithstanding any provision of law to the contrary, the natural parents of a deceased party to marriage dissolved by death whose child is thereafter adopted, and the parents of a party who has forfeited the right to object to the adoption of his child pursuant to Article 1245 may have limited visitation rights to the minor child so adopted.

Louisiana Children’s Code Article 1267 states that the grandparents requesting limited visitation rights shall prove both of the following:

1. That they have been unreasonably denied visitation rights.

2. That such limited visitation rights will be in the best interests of the minor child.

QUESTION: I have a cousin who is 16 years old, who wants to marry her 18-year-old boyfriend. Since she is under 18, does she have to get permission from her parents? Once married, will she be emancipated under Louisiana law? The girl’s parents are divorced and her father is under a court order to pay child support until she turns 18. Should she get married, does he still have to pay child support?

ANSWER: The teen must get permission. From whom depends on whether the parents have sole or joint custody. If the mother has sole custody, the father’s consent is not needed. Once the teen is married, parental authority is terminated and she will be considered emancipated by marriage. At that time the father’s child support obligation is terminated. Further, as long as the groom isn’t three years older or more than her, she can enter into marriage with the groom

Louisiana Civil Code Article 90.1 states that a minor under the age of sixteen may not contract marriage. A minor sixteen or seventeen years of age may not contract marriage with a person of the age of majority where there is an age difference of three years or greater between them.

Louisiana Children’s Code Article 1545 states that an officiant may not perform a marriage ceremony in which a minor sixteen or seventeen is a party unless the minor has judicial authorization and the written consent to marry of either:

1. Both of his parents.

2. The Tutor of his person.

3. A person who has been awarded custody of the minor.

Louisiana Revised Statute 9:315.22 (A) provides that where there is a child support award in a specific amount per child, the award for each child shall terminate automatically and without any action by the obligor upon each child’s attaining the age of majority, or upon emancipation relieving the child of the disabilities attached to minority.

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