Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Louisiana (LA), the law recognizes the primacy of parents' rights in child custody matters. However, under certain circumstances, grandparents may be awarded custody of their grandchildren. This typically occurs in situations where both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Grandparents can petition the court for custody in these scenarios. As for visitation rights, Louisiana law allows grandparents to seek visitation under specific conditions, such as when the child's parents are divorced, legally separated, or deceased. The courts will consider the best interests of the child when determining whether to grant custody or visitation rights to grandparents. It's important to note that these rights are not automatic and are subject to the discretion of the court, which will carefully scrutinize the circumstances to ensure the child's welfare is the paramount concern.