Unlikely,Louisiana,for,Non-Par law It Is Unlikely in Louisiana for Non-Parents to get Custody i
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When a Louisiana family court is looking at awarding custody or visitation rights for a child, which often is part of a divorce, there are a variety of things that they may look at. This can be anything from the childs history at home or in the community where he or she grew up, it could be the relative fitness of each of the parents to be loving and supportive, it could involve an assessment on behalf of the court as to the safety and security of each of the possible homes for the child.Sometimes a child has someone in his or her life who is not a parent, but who acts very much like one. It might be an aunt or uncle, and grandparent, or even a step-parent who is not even related to the child by blood. While typically it is only the parents who are granted visitation rights to their children, there are some cases where a court can award someone else visitation rights, too, upon divorce.The determinations that the family court may make in this regard are dictated in part by Louisiana Civil Code article 136, and specifically section B of that code. It is important to note the extraordinary circumstances language in section B of Article 136. This suggests to the reader that it is an unlikely occurrence for a non-parent to be granted visitation rights. Louisiana family courts hold child visitation rights a sacred and inviolate privilege, and they do not just grant them to anyone. If someone is applying to have the legal right of visitation of a child, and that person is not a parent, then they must not only display to the court that there exists an extraordinary circumstance, but also that they provide the child with support and guidance as though they were an actual parent.Take for example a situation where two parents get a divorce. In the midst of the divorce, one of the parents dies. Shortly thereafter, a child custody hearing is held, and the family court awards the surviving parent sole custody of the child. The family court does not allow anyone else visitation rights.Subsequently, lets say that the childs uncle applies for visitation rights to the child. The uncle considers himself like a second father to the child, because he has often acted like one to the child for the childs whole life. For one thing, the child spends more time at the uncles house than at his parents house after the divorce. The uncle has five children himself, and for the childs whole life he has considered himself part of that family too. The uncle regularly gives the child advice on life, he goes to all the childs social and extracurricular events, and he even went to Bring Your Dad to School Day when the childs real Dad could not make it because of a business trip.It is impossible to say for certain, but in the above hypothetical, the uncle may have a compelling case as to claiming visitation rights for the child.This article is written with the sole intention of providing information. It is not legal advice. Will Beaumont practices divorce law in Metairie and New Orleans, La.
Unlikely,Louisiana,for,Non-Par