Non-parent Custody and Visitation

Under Louisiana law, if awarding custody to either parent would result in substantial harm to the child, the court shall award custody to: 

1. Another person with whom the child has been living in a wholesome and stable environment; or 

2. Any other person able to provide an adequate and stable environment. 

This means that individuals such as grandparents, other relatives (aunts, uncles, siblings), step-parents, close family friends, or sometimes foster parents may be considered for custody if they can demonstrate that living with them serves the child’s best interests.

Links to the Law: 

• Art. 133. Award of custody to person other than a parent; order of preference

Non-parents seeking custody must prove that custody with either parent would cause substantial harm to the child. This is a high legal standard, requiring clear and convincing evidence. Factors the court may consider include: 

• History of abuse or neglect by the parents 

• Parental substance abuse 

• Mental illness of the parents 

• Abandonment or inability of the parents to care for the child. 

The court will also assess whether the non-parent can provide a stable and nurturing environment for the child.

If both parents are deceased, a non-parent, such as a relative, godparent, or family friend, can file for legal custody of the child in district court. 

The court may also consider tutorship (Louisiana’s version of guardianship for minors) or adoption, depending on your long-term plans for the child. 

If the parents are missing or cannot be located, you may still seek custody, but you must: 

1. Make reasonable efforts to locate the parents, and

2. Serve notice of the custody petition through legal means. 

The court may still grant custody to a non-parent if it finds that: 

• The parents have abandoned the child, and 

• You can provide a stable and appropriate home. 

The court will evaluate your request based on the child’s best interest.

To file for non-parent custody in Louisiana, you must go through the district court and follow a legal process that includes filing formal paperwork, notifying the parents, and proving that living with the parents would cause substantial harm to the child. Here’s a step-by-step guide: 

1. Step 1: Confirm that You Have Legal Standing 

   • To file, you must be someone who: 

     • Has a strong relationship with the child (such as a grandparent, relative, or long-term caregiver), and 

     • Can show that custody with either parent would cause substantial harm. 

2. Step 2: Gather Necessary Documents 

   • You will need: 

     • A petition for custody (filed in civil or family court) 

     • The child’s birth certificate 

     • Any documents or evidence showing: 

       • The child’s current living situation 

       • The parents’ unfitness, abandonment, abuse, neglect, or other serious issues 

       • Your ability to provide a stable home

3. Step 3: File the Petition in District Court 

   • Go to the district court in the parish where the child is currently living. 

   • File the petition for custody.

   • Request a hearing date

4. Step 4: Serve Legal Notice to the Parents 

   • You must formally notify the child’s parents about the custody petition. For more information, see Serving Court Papers on the Other Party- “Service of Process”.

5. Step 5: Attend the Custody Hearing 

   • At the hearing, you must show: 

     • That custody with either parent would cause substantial harm to the child, and 

     • That you can provide a safe, stable, and nurturing home. 

     • This is a high burden of proof, you must present clear and convincing evidence. 

6. Step 6: Court Decision

   • The judge will decide based on the best interests of the child, considering factors like: stability of the home, your relationship with the child, and the child’s emotional and physical well-being. 

   • If successful, the judge may grant you legal custody. 

Given the complexity of custody laws and the high burden of proof required, it is advisable for non-parents seeking custody to find an attorney experienced in family law. Legal representation can help navigate the court process and present a compelling case for custody. For more information, see Finding and Hiring a Lawyer.

Yes, as a non-parent in Louisiana, you can ask the court for emergency custody if the child is in immediate danger and the parents are unable or unfit to care for them. This might happen in serious situations like abuse, neglect, drug use, or abandonment. You’ll need to file a petition in the district court where the child lives and ask for an emergency (ex parte) custody order, which means the judge can act quickly without first notifying the parents. 

To support your request, you’ll need to give a written statement (called an affidavit) explaining why the child is in danger, and include any proof you have, like photos, reports, or witness statements. If the judge agrees there’s an urgent risk, they can give you temporary custody right away. A full hearing will be scheduled soon after, where everyone can present evidence. The judge will then decide whether to continue the custody order or make another arrangement that protects the child’s best interests.

For more information, see Emergency Custody Orders and Hearings (Ex Parte Custody).  

Yes, if you’re granted non-parent custody in Louisiana, the child’s parents may be able to get custody back later, but only if the court finds that it’s in the best interest of the child and that the parents are now fit and able to care for the child safely.

Here’s how it works:

• A parent can file a request to modify or end the custody order by showing that their situation has substantially changed since custody was first granted to them.

• The court will hold a hearing and consider:

  • Whether the parent has addressed the issues that caused harm (like completing rehab, securing housing, or ending an abusive relationship)

  • The current needs and well-being of the child

  • Whether returning the child to the parent would disrupt a stable, secure placement

The judge will always base the decision on what’s best for the child, not just what the parent wants.

In short, non-parent custody can be temporary or long-term, but it doesn’t permanently terminate parental rights. Parents can ask to regain custody - but they must show that the child will be safe and well-cared for.

In Louisiana, non-parent custody does not have a fixed time limit—it lasts until the court changes the custody order or until the child turns 18. That means:

• If the custody is temporary, it may last only until a full court hearing can be held (usually within a few weeks).

• If the court grants you legal custody after a hearing, the order remains in effect until a parent successfully asks the court to modify or end it, or until the child becomes a legal adult.

Yes, non-parents in Louisiana, such as grandparents, siblings, and certain other relatives, may be granted visitation rights under specific circumstances. 

Links to the Law: 

• Louisiana Revised Statutes §9:344

• Art. 136. Award of visitation rights

The following individuals may petition for visitation: 

• Grandparents: If the child’s parents are not married, are cohabiting, or have filed for divorce, grandparents may be granted visitation if it serves the child’s best interest

• Other Relatives or Former Stepparents: In “extraordinary circumstances,” such as when a parent is abusing controlled substances, other relatives by blood or affinity, or former stepparents or step-grandparents, may be granted visitation if it’s in the child’s best interest.

Additionally, Louisiana Revised Statutes §9:344 allows for visitation rights to:

• Grandparents and Siblings: If one parent is deceased, incarcerated, or interdicted, and the parents are married or have lived apart for six months, grandparents or siblings may be granted visitation if it’s in the child’s best interest.

Links to the Law: 

• Louisiana Revised Statutes §9:344

• Art. 136. Award of visitation rights

Not always. In Louisiana, whether you need to prove that a parent denied or limited your access to the child depends on your relationship to the child and the legal basis you’re using to ask for visitation.

If You’re a Grandparent or Sibling:

Under Louisiana Revised Statutes § 9:344, you do not need to prove that a parent denied you visitation if certain conditions apply, such as:

• One parent is deceased, interdicted, or incarcerated, or

• The parents are living separately for at least six months, or
  There is an ongoing divorce, custody, or child support case

In these cases, you can ask for visitation based on the best interest of the child, and denial of access is not required to make the request.

If You’re Another Relative or Former Stepparent:

Under Louisiana Civil Code Article 136, the court may grant visitation to other relatives (by blood or marriage) and former stepparents only in extraordinary circumstances—for example, if the child’s parent is unfit or struggling with addiction.

In these cases, you may need to show:

• That you had a close, ongoing relationship with the child

• That access has been denied or severely limited, and

• That denial of visitation is harmful to the child’s well-being

So, for non-grandparent relatives, it can help your case to show that you had a relationship that has been unreasonably cut off by a parent.

When evaluating non-parent visitation requests, Louisiana courts consider the best interests of the child. Factors include:

• The parents’ fundamental right to make decisions concerning their child.

• The length and quality of the prior relationship between the child and the non-parent.

• Whether the child needs guidance or support that the non-parent can provide.

• The child’s preference, if of sufficient maturity.

• The mental and physical health of both the child and the non-parent.

Yes, a child’s parent can object to your request for visitation in Louisiana, and the court will take their objections seriously. Parents have a constitutional right to make decisions about their child’s upbringing, including who the child sees. If the parent is considered “fit”—meaning they’re not abusive, neglectful, or otherwise unfit—the court will usually presume that their decision to deny visitation is in the child’s best interest.

However, the court still has the authority to grant non-parent visitation in certain situations. For example, grandparents and siblings may be awarded visitation even over a parent’s objection if the court finds that it would serve the child’s best interest. This is more likely when one parent is deceased, incarcerated, or if the parents are separated or divorced. In these cases, the court weighs the parent’s right to make decisions against the child’s emotional needs and long-standing relationships.

For other relatives or non-parents, like former stepparents, it’s harder to win visitation if the parent objects. You’ll need to show extraordinary circumstances—such as a strong, established bond with the child—and that cutting off the relationship would be harmful to the child. Ultimately, the court decides based on what’s best for the child, but a parent’s objection carries significant weight, especially if they are fit and actively involved in the child’s life.

Yes, in Louisiana, you may be able to get visitation if a parent has died or lost custody, especially if you are a grandparent, sibling, or close relative. The court will still focus on what is in the best interest of the child, but these situations often make it more likely for a non-parent to be granted visitation.

If one parent has died, Louisiana Revised Statutes § 9:344 allows grandparents and siblings of the deceased parent to ask the court for visitation—even if the surviving parent objects. The judge will consider factors like your existing relationship with the child, the child’s emotional needs, and how visitation might affect the child’s stability.

If a parent has lost custody, for example, due to abuse, neglect, or involvement in a Child in Need of Care (CINC) case, you may also be able to request visitation. In these cases, the court will examine whether contact with you would provide support or stability during a difficult time in the child’s life. You must show that visitation serves the child’s best interest, and the court will consider things like the strength of your relationship, the child’s wishes (if old enough), and the views of the current legal custodian or foster care agency.

In short, when a parent is no longer in the picture due to death or loss of custody, the law does give non-parents a stronger chance of being granted visitation, but it still requires showing that ongoing contact is good for the child.

Yes, as a non-parent in Louisiana, you can petition the court for visitation rights under certain circumstances. Here’s how to navigate the process:

1. Step 1: Determine Your Eligibility 

   • Under Louisiana law, specific non-parents may seek visitation rights: 

     • Grandparents and Siblings: If the child’s parents are married and have not filed for divorce or are living together, and one parent is deceased, incarcerated, or interdicted, grandparents and siblings may be granted visitation if it’s in the child’s best interests.

     • Other Relatives or Former Stepparents: In “extraordinary circumstances,” such as when a parent is abusing controlled substances, other relatives by blood or affinity, or former stepparents or step-grandparents, may be granted visitation if it’s in the child’s best interest.

2. Step 2: Prepare Your Petition

   • To initiate the process, you’ll need to file a formal petition in the family court of the parish where the child resides. Your petition should include:

     • Your Relationship to the Child: Clearly state how you are related to the child.

     • Reasons for Seeking Visitation: Explain why granting you visitation is in the child’s best interest.

     • Evidence of a Prior Relationship: Provide documentation or testimony that demonstrates a significant and beneficial relationship with the child

3. Step 3: File the Petition

   • Submit your completed petition to the appropriate family court. Be prepared to pay any required filing fees. 

4. Step 4: Serve the Parents or Legal Guardians

   • Legally notify the child’s parents or current legal guardians of your petition. This step ensures they are aware of the proceedings and have an opportunity to respond. For more information, see Serving Court Papers on the Other Party- “Service of Process”.

5. Step 5: Attend the Court Hearing 

   • The court will schedule a hearing to evaluate your request. During the hearing: 

     • Present evidence: Share documentation and testimony that support your claim that visitation serves the child’s best interest. 

     • Demonstrate the Child’s Need: Highlight how your involvement benefits the child’s emotional and psychological well-being.

   • The court will consider factors such as the length and quality of your relationship with the child, the child’s needs, and the potential impact on the child’s relationship with their parents.

In Louisiana, a non-parent visitation order lasts until it is modified or terminated by the court or until the child turns 18.

Yes. Either party—the parent, legal guardian, or the non-parent—can ask the court to modify or terminate the visitation order if there has been a material change in circumstances. For example:

• The child no longer benefits emotionally from the visits

• The relationship becomes strained or harmful

• The parent regains custody or changes their parenting plan

• The non-parent relocates or becomes unable to continue visits

The court will always consider whether the change supports the child’s well-being and is still in their best interest.

No, you are not legally required to have a lawyer to file for non-parent visitation in Louisiana. However, it’s important to understand that family law proceedings can be complex, and having an attorney can help ensure that your rights and interests are adequately represented. For more information, see Finding and Hiring a Lawyer.

Court-ordered kinship custody in Louisiana is when a judge gives legal custody of a child to a relative or a close family friend (called a “fictive kin” through a court order. This usually happens when the child’s parents cannot care for the child due to serious issues like abuse, neglect, substance use, incarceration, or death. 

Key Points: 

• Kinship custody is different from adoption or guardianship. The parents’ rights are not terminated. Instead, the relative or family friend becomes the legal custodian with the authority to make day-to-day decisions for the child. 

• It can be awarded in different types of court cases, including private custody cases or Child in Need of Care (CINC) cases if DCFS is involved.

• The court decides based on the best interest of the child, considering factors like the child’s safety, stability, and emotional ties to the person seeking custody.

• The custody may be temporary or permanent, but it can be changed if circumstances change — for example, if a parent becomes fit again or if the custodian can no longer care for the child.

In Louisiana, a kinship caregiver is someone who takes care of a child when the parents cannot, and they may or may not have legal custody. To be considered a kinship caregiver, a person does not have to be a blood relative, but they must have a close, family-like relationship with the child.

People who may qualify as kinship caregivers include:

• Grandparents

• Aunts or uncles

• Older siblings

• Cousins

• Great-grandparents

• Godparents

• Close family friends (often called fictive kin) who have a significant emotional bond or caregiving history with the child

The main difference between kinship custody and foster care in Louisiana is who has legal custody and how the placement is arranged.

Kinship Custody 

• A relative or close family friend has legal custody of the child through a court order.

• The biological parents’ rights are not terminated — they may still have visitation or even shared custody, depending on the case.

• The caregiver makes daily decisions for the child and may receive some state assistance, but is not a foster parent.

• It can happen in or outside of a Child in Need of Care (CINC) case.

• Often seen as a more permanent and stable option that keeps the child within their family network.

Foster Care 

• The state (DCFS) has legal custody of the child.

• The child is placed with a certified foster parent, who may or may not be related to the child.

• The caregiver is licensed, trained, and receives monthly financial support from the state.

• Often used in more serious child welfare cases involving abuse or neglect.

• The goal is usually reunification with the parents or adoption if that’s not possible.

Both aim to protect the child, but kinship custody keeps the child in a familiar environment with fewer state controls, while foster care is a more formal, state-supervised system.

When deciding whether to give kinship custody to a relative or close family friend, the Louisiana court looks at what is in the best interest of the child. The court considers many factors to make sure the caregiver can provide a safe, stable, and loving home.

Key Factors the Court Considers:

1. Relationship with the Child

   • How close is the caregiver to the child?

   • Has the caregiver helped raise or care for the child before?

   • Does the child feel safe and supported with them?

2. Ability to Meet the Child’s Needs

   • Can the caregiver provide for the child’s physical, emotional, medical, and educational needs?

   • Do they have stable housing and income?

3. Safety and Stability

   • Is the caregiver’s home safe and appropriate?

   • Have they passed a background check (especially in CINC cases)?

   • Is the caregiver free from issues like substance abuse, domestic violence, or criminal activity?

4. Willingness to Support Family Connections

   • Will the caregiver support the child’s relationship with their parents, siblings, and other family members (unless it’s not safe to do so)?

   • Child’s Wishes (if old enough)

   • If the child is mature enough, the court may consider their opinion about where they want to live.

5. Consistency and Permanence

   • Has the caregiver shown a long-term commitment to the child’s well-being?

   • Can they offer a permanent or stable home?

The judge may also look at reports from the Department of Children & Family Services (DCFS), guardian ad litem, or home studies, depending on the type of case.

In short, the court is looking for a caregiver who already has a bond with the child and can give them a safe, stable, and loving home without cutting off healthy family ties.

Yes, kinship caregivers in Louisiana can obtain legal rights and access various forms of support to assist in caring for a child.

Legal Rights

Kinship caregivers can acquire legal authority through:

• Court-Ordered Custody: A judge grants legal custody, allowing the caregiver to make decisions regarding the child’s education, healthcare, and general welfare. 

• Provisional Custody by Mandate: A temporary arrangement where the parent signs a notarized form transferring custody to the caregiver for up to one year. This method is often used when court involvement is not immediately necessary. For more information, see Provisional Custody by Mandate. 

Obtaining legal custody is crucial for accessing services like enrolling the child in school or consenting to medical treatment.

Financial Support

Louisiana offers the Kinship Care Subsidy Program (KCSP), providing $450 per month per eligible child. To qualify:

• The caregiver must be a qualified relative (e.g., grandparent, aunt, uncle).

• The child must reside with the caregiver, and the parents must not live in the same household.

• The caregiver’s income must be below 150% of the federal poverty level.

• Legal custody must be obtained within one year of certification.

• The child must not be receiving SSI or foster care payments.

For more information, see Financial Assistance for a Relative’s Child - The Kinship Care Subsidy Program (KCSP).

Kinship custody can be stable and long-term, but it’s not automatically permanent. Courts retain the power to review and change custody orders as needed. If a caregiver wants a truly permanent legal relationship, they may later consider adoption (which terminates the parents’ rights).

Yes, in Louisiana, parents are generally required to provide child support even when their child is in kinship custody. This obligation persists regardless of whether the caregiver is a relative or close family friend.

When a child is placed with a kinship caregiver, the court or the Department of Children and Family Services (DCFS) may establish a child support order requiring the parents to contribute financially to the child’s care. The amount is determined based on the parents’ income and the child’s needs.

If a kinship caregiver applies for the Kinship Care Subsidy Program (KCSP), they must agree to pursue child support from the child’s parents, unless there is “good cause” not to do so (such as concerns about safety). This requirement ensures that parents fulfill their financial responsibilities, and it helps offset the costs of caring for the child.

DCFS provides support in establishing and enforcing child support orders to ensure the child’s needs are met. For more information, see Child Support Enforcement.

If the judge includes visitation rules in the court order, you must follow those rules. You can limit visitation, but only as allowed by what the judge ordered. If the court order doesn’t mention visitation, you can’t limit it on your own. However, you and the parents can agree on a visitation schedule together. The parents still have the right and responsibility to stay in contact with the child.