Lake Charles, LA (KPLC) – The Law Corner answers viewers’ legal questions.
QUESTION: I am an old man. My grandson’s parents agreed to send other grandmothers to take care of my grandson. Since then, the grandparents (now adoptive parents) won’t let me see my grandchild. Am I entitled to visit this child?
ANSWER: Louisiana law allows for limited visitation rights to grandmothers whose grandchildren were adopted from a foster family after the biological parents consented to the adoption. However, the grandmother seeking visitation must provide evidence to the court showing that the adoptive parents have denied them, and that limited visitation rights are in the best interests of the minor.
Louisiana’s Children’s Code Article 1264 states that regardless of the circumstances, the natural parents of a deceased person’s marriage is annulled by death and the child is subsequently born, and the parents of any party who have revoke the right to object to adoption. of his child under Article 1245 has limited visitation rights to a minor child so removed.
Louisiana Juvenile Code Section 1267 states that grandparents applying for limited visitation rights must prove the following:
1. Their visiting rights have been duly revoked.
2. These limited access rights are for the benefit of the minor.
QUESTION: I have a 16 year old cousin who wants to marry her 18 year old boyfriend. Since he is under 18, does he have to get permission from his parents? Once married, is she divorced under Louisiana law? The girl’s parents are divorced and her father is under a court order to pay child support until she turns 18. If she gets married, does he have to pay child support?
ANSWER: The teenager must obtain permission. Who is dependent on whether the parents have sole or joint custody. If the mother has sole custody, the father’s consent is not required. Once a young person is married, parental authority is revoked and he is considered divorced. At that time the father’s child support obligation ends. In addition, as long as the bridegroom is not three years older than her, she can marry with a groom.
Louisiana Civil Code Article 90.1 states that a minor under the age of sixteen cannot marry. A minor of sixteen or seventeen years of age shall not marry an adult of three years or more between them.
Louisiana Children’s Code Article 1545 states that a parent may not perform a wedding ceremony in a sixteen or seventeen year old party unless the minor has the right and written consent to marry someone:
1. His two parents.
2. The teacher of his person.
3. A person who has been entrusted with the care of a minor child.
Louisiana Revised Statute 9:315.22 (A) states that if child support is paid in a separate amount for each child, the payment for each child automatically terminates without any action by the debtor upon arrival of each child to the age of the majority, or in relation to the relief of the child from the disabilities attached to the minority.
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