Know Your Grandparent Rights: Emergency Custody vs Visitation in Louisiana

Many grandparents don’t understand what they’re entitled to in regard to their grandchildren. Courts always prefer situations that benefit the child. If you believe that your grandchildren are in a potentially dangerous situation, it’s important to know your grandparent rights.

Experienced Grandparents’ Rights Attorneys in Lafayette, LA

Schnaars Law Firm, LLC, is a boutique-style firm. Our firm’s small size allows us to give more time to each of our clients. We can offer you tailored advice in a single $100 appointment.

We pride ourselves on providing compassionate representation. Our talented attorney treats each client with the care, kindness, and sensitivity they need during difficult moments like child custody cases.

What Is the Emergency Custody Procedure?

Emergency custody is available for an adult relative who believes children are at risk of harm. It’s meant to be a temporary way to protect children from danger. Custody refers to directly caring for the child as opposed to visitation.

A specific procedure is required for grandparents to receive emergency custody. It’s important to follow these steps as closely as possible:

1. Fill out the petition. The emergency petition is also called an ex parte order. This order allows grandparents to explain why they are requesting the order. It’s important to explain why an emergency order is needed by highlighting the danger a child could face without it.
2. File it with the court. The paperwork needs to be filed with the court. This is usually filed in the parish the child lives in, regardless of the parish the grandparent lives in. A fee is usually needed to file the paperwork, and it’s typically done at the Clerk of Court.
3. Wait for the court to review it. This step is largely up to the court. A judge reviews the paperwork and decides whether there’s enough merit to grant the emergency order. If an order is granted, it’s usually temporary to provide time for a hearing.
4. Serve it to the parents. The parents have to learn about the order by being served with court documents. Legal paperwork must be served in a specific way to be recognized.
5. Attend a hearing. If an order is granted, a hearing comes next. It allows the parents to share their side of the story and argue for their custody rights. A judge then decides who gets custody.

In Louisiana, 54,574 grandparents take care of their grandchildren. The Department of Children and Family Services in Louisiana can provide resources for grandparents to help them exercise their rights.

Can Grandparents Get Visitation?

Louisiana law protects grandparents’ visitation rights. Visitation rights are considered if something happens to one of the parents. They could also be granted if the court decides that it would be in the children’s best interests.

Some situations require the grandparents to prove that the parents denied them visitation access. This might not be necessary if one parent is dead or in jail, or if the couple is in the process of a divorce.

A judge usually looks at the relationship a grandparent has with their grandchildren to make a decision. They might give a grandparent visitation if a child benefits from their presence.

Why Hire a Grandparents’ Rights Lawyer?

Custody and visitation rights are not automatic. A grandparent must request them from the court.

Custody decisions are never made lightly. It takes a lot of evidence for a judge to decide that a child should be raised by someone else.

This means grandparents should work with an attorney who is experienced in family law. They know what judges look for and how to find strong evidence.

The help of an attorney is even more important during contentious grandparent custody battles. There are so many emotions involved in custody issues, when children may be at risk while living with their parents. A third party can help take the emotions out of the situation to build a stronger argument for custody.

Why Choose Us?

We often meet our clients when they are deeply hurt and upset. One of our strong suits at Schnaars Law Firm, LLC, is addressing each person’s needs based on their unique circumstances. We also stay on top of all the paperwork to ease our clients’ worries about legal complexities. Our team understands how challenging custody issues can be. We’re here to support you and fight for your grandchild’s well-being.