Grandparent Visitation Petition - Louisiana

PETITION FOR GRANDPARENT VISITATION

(State of Louisiana — [PARISH] District Court)

COURT CAPTION

Docket No.: [____________] Division: [____________]

PETITION FOR REASONABLE VISITATION RIGHTS OF GRANDPARENT

I. PARTIES

1.1 Petitioner (Grandparent)

1.2 Co-Petitioner (Other Grandparent, if any)

1.3 Defendant(s) (Parent(s) / Custodian)

1.4 Minor Child(ren)

II. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction over grandparent visitation under La. R.S. 9:344 and La. Civ. Code art. 136.

2.2 This Court has jurisdiction to determine visitation of the child(ren) under the Louisiana Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), La. R.S. 13:1801 et seq. Louisiana is the child(ren)'s home state because the child(ren) has/have lived in Louisiana with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition (or since birth, if under six months old).

2.3 Venue. Venue is proper in this Court because the minor child(ren) is/are domiciled in the Parish of [PARISH], Louisiana.

2.4 Other proceedings (UCCJEA declaration). (Check one):

☐ Petitioner knows of NO other proceeding concerning custody of or visitation with the child(ren).

☐ The following proceeding(s) is/are pending or has/have been decided: Court [____] · Docket No. [____] · Type [____].

III. STANDING AND STATUTORY GROUND (Select the applicable track)

3.1 Standing. Petitioner is the grandparent of the minor child(ren), being the parent of [name], the [mother/father] of the child(ren).

3.2 Track A — La. R.S. 9:344 (parents married / not divorced / in concubinage). Use this track only if the parents are or were married and have not filed for divorce, or live in concubinage. (Check the applicable subsection):

☐ § 9:344(A): A party to the marriage (the parent who is Petitioner's child) is deceased, interdicted, or incarcerated, and there is a minor child of the marriage; Petitioner, as the parent of the deceased/interdicted/incarcerated party without custody, seeks reasonable visitation in the child's best interest.

☐ § 9:344(B): The parents live(d) in concubinage and one parent (Petitioner's child) is deceased or incarcerated; Petitioner seeks reasonable visitation in the child's best interest.

☐ § 9:344(D): The married parents have lived apart for at least six (6) months, and extraordinary circumstances exist (including a court determination that a parent is abusing a controlled dangerous substance); Petitioner seeks reasonable visitation in the child's best interest, applying the factors in La. Civ. Code art. 136(D).

3.3 Track B — La. Civ. Code art. 136(B)(1) (parents not married / not cohabiting as married persons / divorce filed). Use this track only if the parents are not married or cohabiting in the manner of married persons, or the parents have filed a petition for divorce. Petitioner, as a grandparent, seeks reasonable visitation if the Court finds it is in the best interest of the child.

3.4 Article 136(C) — child's attorney. Petitioner acknowledges that, before any determination under art. 136(B)(1) or (2), the Court shall hold a contradictory hearing under La. R.S. 9:345 to determine whether to appoint an attorney to represent the child.

IV. FACTUAL ALLEGATIONS

4.1 Triggering circumstance. [State the facts establishing the selected statutory ground — e.g., the date of the parent's death, the order of interdiction, the dates and place of incarceration, the date the married parents began living apart, the divorce filing, or the parents' unmarried/non-cohabiting status; and, for § 9:344(D) extraordinary circumstances, the facts (such as a court determination of controlled-substance abuse).]

[____________________________________________________________]

4.2 Length and quality of the prior relationship. [Describe the duration and quality of Petitioner's prior relationship with the child(ren): caregiving, time together, holidays/milestones, and Petitioner's role — tracking art. 136(D)(2).]

[____________________________________________________________]

4.3 Circumstances leading to this Petition. [Describe when and why contact was reduced or denied and informal efforts to resolve the matter.]

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Parental rights; Troxel "special weight." Petitioner acknowledges that fit parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that under Troxel v. Granville, 530 U.S. 57 (2000), a fit parent's decision is entitled to special weight. This principle is codified in La. Civ. Code art. 136(D)(1).

5.2 Best interest controls. Visitation may be granted only if the Court, in its discretion, finds that reasonable grandparent visitation is in the best interest of the child. Petitioner, as the non-parent seeking visitation, bears the burden of proving that the requested visitation is reasonable and in the child's best interest.

VI. BEST-INTEREST FACTORS (La. Civ. Code art. 136(D) — Exclusive)

Petitioner alleges that reasonable visitation is in the child's best interest and addresses the only factors the Court may consider under art. 136(D):

☐ (1) A parent's fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and the traditional presumption that a fit parent acts in the child's best interest: [address how visitation is consistent with, or overcomes, this presumption] [____________]

☐ (2) The length and quality of the prior relationship between the child and Petitioner: [____________]

☐ (3) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by Petitioner: [____________]

☐ (4) The preference of the child, if of sufficient maturity to express one: [____________]

☐ (5) The mental and physical health of the child and of Petitioner: [____________]

VII. REQUESTED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests the following reasonable visitation:

☐ Weekly: [days/times] [____________] ☐ Bi-weekly / Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Electronic and written contact. ☐ Telephone [____] ☐ Video calls [____] ☐ Mail/cards

7.4 Transportation. Petitioner will provide transportation; proposed exchange location: [____________].

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner, [PETITIONER NAME], prays that:

1. This Petition be filed and served upon the Defendant(s);

2. The Court take jurisdiction and find that Petitioner has standing under [☐ La. R.S. 9:344 / ☐ La. Civ. Code art. 136(B)(1)] as selected in Section III;

3. The Court hold the contradictory hearing required by La. Civ. Code art. 136(C) and La. R.S. 9:345 to determine whether to appoint an attorney to represent the child;

4. After hearing, the Court find that reasonable grandparent visitation is in the best interest of the child(ren) under the factors of La. Civ. Code art. 136(D);

5. The Court render judgment granting Petitioner reasonable visitation with the minor child(ren) on the schedule in Section VII, or as the Court deems just, together with reasonable telephone, video, and written contact;

6. Costs be assessed as the Court deems equitable; and

7. The Court grant all other relief that is just, equitable, and proper.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], La. Bar Roll No. [______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]
Attorney for Petitioner
(or Petitioner, In Proper Person)

IX. VERIFICATION

STATE OF LOUISIANA, PARISH OF [____________]:

BEFORE ME, the undersigned Notary, personally came and appeared [PETITIONER NAME], who, after being duly sworn, did depose and state that [he/she] is the Petitioner herein; that [he/she] has read the foregoing Petition; and that all of the allegations of fact contained therein are true and correct to the best of [his/her] knowledge, information, and belief.

_________________________________
[PETITIONER NAME]

SWORN TO AND SUBSCRIBED before me this [____] day of [____________], 20[__].

_________________________________
Notary Public — Bar/Notary ID: [__________]
My commission expires: [__________]

X. NOTICE / CITATION TO DEFENDANT(S)

TO THE DEFENDANT(S): You are hereby cited to appear and answer this Petition for Grandparent Visitation within the delay provided by law (generally fifteen (15) days after service, La. C.C.P. art. 1001). You have the right to be represented by an attorney, to file responsive pleadings, and to present evidence. Your failure to answer may result in a judgment of default against you. You should consult an attorney promptly.

XI. CERTIFICATE OF SERVICE

I certify that a copy of this Petition was served upon the Defendant(s) (or requested for service through the Clerk/Sheriff) on [__/__/____], by:

☐ Service through the Clerk of Court / Sheriff ☐ Other lawful method: [____________]

Served upon: [NAME(S) AND ADDRESS(ES)] [____________________________________]

_________________________________
[NAME]

ATTACHMENTS / EXHIBITS

☐ UCCJEA declaration (La. R.S. 13:1801 et seq.)
☐ Exhibit A — death certificate / order of interdiction / proof of incarceration / divorce filing (as applicable to the selected ground)
☐ Exhibit B — supporting evidence of prior relationship (photographs, correspondence, records of caregiving)
☐ Exhibit C — proposed visitation schedule
☐ Any prior court orders concerning the child(ren)
☐ Filing fee or in forma pauperis application

SOURCES & REFERENCES

• La. R.S. 9:344 — Visitation rights of grandparents and siblings (parent deceased/interdicted/incarcerated; concubinage; living apart six months + extraordinary circumstances, applying art. 136(D)).
• La. Civ. Code art. 136 — Award of visitation rights; art. 136(B)(1) (grandparent visitation where parents unmarried/not cohabiting/divorce filed); art. 136(C) (contradictory hearing under R.S. 9:345 re child's attorney); art. 136(D) (exclusive best-interest factors, including the Troxel parental-rights presumption); art. 136(E) (cross-reference to R.S. 9:344 for married/non-divorcing parents).
• La. R.S. 9:345 — Appointment of attorney to represent the child.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to "special weight"; Louisiana's grandparent-visitation laws have been found to satisfy Troxel.
• Louisiana UCCJEA, La. R.S. 13:1801 et seq.

This Petition is provided for informational purposes only. Select the correct statutory track (R.S. 9:344 vs. art. 136) based on the parents' marital status, and consult a Louisiana family law attorney and confirm parish district court rules before filing.