Louisiana Grandparents' Rights: Visitation, Custody, and Post-Adoption Contact

No grandparent in Louisiana, or anywhere else in the country, has an automatic right to see a grandchild. Courts must give a fit parent's decision real constitutional weight, and Louisiana's own courts have upheld its visitation statutes specifically because they respect that deference rather than override it.

Still, Louisiana is worth a close look for one reason: it is unusually generous compared to most states when it comes to what happens after an adoption. This guide covers the two pre-adoption visitation statutes, the case law that keeps them constitutional, the harder custody track, and Louisiana's standalone post-adoption remedy.

Information last verified on 2026-08-12. This article has not yet been reviewed by a licensed lawyer.

Louisiana's Two Grandparent Visitation Statutes

Louisiana splits grandparent visitation into two statutes depending on the parents' situation. Civil Code Article 136 applies when the parents are divorced, separated, or were never married and are not living together. La. R.S. 9:344 applies when one parent in an intact marriage dies, is interdicted, or is incarcerated, or when the parents have lived apart for six or more months under extraordinary circumstances, which can include a parent's substance abuse.

Both statutes route through the same best-interest factor list in Article 136(D), and that list is unusual: it expressly requires courts to weigh "a parent's fundamental constitutional right to make decisions concerning the care, custody, and control of their own children" and "the traditional presumption that a fit parent will act in the best interest of their children," alongside the history and quality of the grandparent-child relationship, whether the child needs guidance the grandparent can provide, the child's own preference if old enough, and the mental and physical health of the child and grandparent.

Why Louisiana's Statutes Have Survived Constitutional Challenge

In Galjour v. Harris, 795 So. 2d 350 (La. App. 1 Cir. 2001), Louisiana's First Circuit Court of Appeal upheld R.S. 9:344 against a challenge brought after Troxel v. Granville. The court distinguished Louisiana's law from the Washington statute the U.S. Supreme Court struck down in Troxel, pointing to three features: Louisiana's statute is narrowly drawn to specific, enumerated triggers rather than allowing "any person" to petition at any time; it restricts who can petition to grandparents of the deceased, interdicted, or incarcerated parent; and it requires an affirmative best-interest finding without shifting the burden onto the fit parent to disprove the value of visitation. The decision was not unanimous, and it is an intermediate appellate ruling rather than a Louisiana Supreme Court decision, so it should be read as persuasive and controlling within its jurisdiction rather than a final word from the state's highest court.

Custody Is a Separate, Harder Track

Visitation is not custody. Civil Code Article 133 allows a court to award custody to a non-parent, including a grandparent with whom the child has been living in a stable environment, or to another suitable person, but only when awarding custody to either parent would cause the child substantial harm. That is a genuinely harder, harm-based standard than the visitation statutes above. For the fuller custody picture, see Louisiana child custody laws.

After Adoption: Louisiana's Unusually Generous Remedy

Most states cut a grandparent off entirely once a child is adopted by someone outside the family, aside from a narrow stepparent exception. Louisiana's Children's Code Article 1218 follows the general rule that a final adoption decree relieves biological parents and relatives of legal duties and divests legal rights concerning the child, aside from inheritance rights, which are preserved separately.

But Louisiana then adds something most states do not have: a standalone post-adoption cause of action. One chapter of the Children's Code lets grandparents petition for limited visitation with an already-adopted child, and a separate chapter lets grandparents, and other relatives who had an established, significant relationship with the child, petition for "continuing contact" after the adoption. These remedies exist alongside, not instead of, the pre-adoption visitation statutes described above, and they apply regardless of adoption type rather than being limited to stepparent adoptions the way most states' exceptions are.

That generosity comes with a real cost of proof, however. A post-adoption petition requires showing both that the adoptive parent unreasonably denied contact and that continuing contact serves the child's best interest, a combined bar that is higher than what the pre-adoption statutes require.

Filing for Visitation: Court, Process, and Cost

Louisiana family-law matters of this kind are generally heard in the District Court, or the specialized Family or Juvenile Court in parishes that have one, handling the underlying custody or adoption matter. Article 136 and R.S. 9:344 read as statutes with standing conditions tied to a status, such as death, incarceration, or six months of separation, rather than statutes that require a currently pending divorce or custody case in every circumstance, though a reader should confirm this with the court or an attorney before filing.

There is no official statewide fee schedule found for these petitions. Filing fees for family-law matters in Louisiana are generally set at the parish level, so confirm the current amount with the court where you plan to file.

Consider Mediation Before You File

Litigation is expensive, slow, and adversarial toward the child's parent, and filing a petition, even a strong one, can strain the family relationship you are trying to protect. Before filing, consider a direct conversation with the parent, involving a trusted family member as a go-between, or working with a family mediator. Many Louisiana courts encourage or require mediation once a custody or visitation matter is filed.

What Are Your Realistic Odds in Louisiana?

Louisiana's pre-adoption statutes are narrowly triggered rather than open to any grandparent at any time, which means a grandparent has to fit one of the enumerated situations, divorce, death, interdiction, incarceration, or extended separation, before a court will even weigh the best-interest factors. Within that structure, a grandparent with a documented relationship and a clear best-interest case has a real path, particularly given how the factor list is written. The post-adoption continuing-contact remedy is a genuine option unavailable in most states, but its combined burden of proof makes it a harder case than a pre-adoption petition. If you decide to pursue a petition, a family-law attorney licensed in Louisiana can evaluate which statute applies to your situation and how strong your specific facts are.

Disclaimer

This article provides general information about Louisiana grandparent visitation and custody law. It is not legal advice and does not create an attorney-client relationship. Outcomes depend heavily on which statute applies and the specific facts of a family's situation. Verify current details with the court where you plan to file or a licensed Louisiana attorney before relying on anything here for a specific situation.

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Last updated: 2026-08-12.