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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 261
BY SENATOR NEVERS AND REPRESENTATI VE HUNTER
AN ACT1
To amend and reenact Civil Code Articles 136 and 137 and R.S. 9:344(D), relative to2
children; to provide relative to the duties of care, custody, and control of children3
under certain circumstances; to provide relative to rights and responsibilities; to4
provide relative to custody and visitation; to provide relative to awards of visitation5
rights; to provide relative to visitation by grandparents and other non-parents; to6
provide certain terms, conditions, procedures, and requirements; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Civil Code Articles 136 and 137 are hereby amended and reenacted to10
read as follows: 11
Art. 136. Award of visitation rights 12
A. A parent not granted custody or joint custody of a child is entitled to13
reasonable visitation rights unless the court finds, after a hearing, that visitation14
would not be in the best interest of the child.15
B. A grandparent not granted custody of a child may be granted16
reasonable visitation rights if the court finds that it is in the best interest of the17
child. Before making this determination, the court shall hold a contradictory18
hearing as provided for in R.S. 9:345 in order to determine whether the court19
should appoint an attorney to represent the child.20
C. Under extraordinary circumstances, any other a relative, by blood or21
affinity, or a former stepparent or stepgrandparent, not granted custody of the child22
may be granted reasonable visitation rights if the court finds that it is in the best23
interest of the child. Extraordinary circumstances shall include a determination24
by a court that a parent is abusing a controlled dangerous substance.25
ACT No. 763 SB NO. 261 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
D. In determining the best interest of the child under Paragraphs B and C1
of this Article, the court shall consider:2
(1) The length and quality of the prior relationship between the child and the3
relative.4
(2) Whether the child is in need of guidance, enlightenment, or tutelage5
which can best be provided by the relative.6
(3) The preference of the child if he is determined to be of sufficient maturity7
to express a preference.8
(4) The willingness of the relative to encourage a close relationship between9
the child and his parent or parents.10
(5) The mental and physical health of the child and the relative.11
C. In accordance with Paragraph B of this Article, extraordinary12
circumstances may include when a parent is addicted to a controlled dangerous13
substance.14
E. D. In the event of a conflict between this Article and R.S. 9:344 or 345,15
the provisions of the statute shall supersede those of this Article.16
* * *17
Art. 137. Denial of visitation; felony rape; death of a parent18
A. In a proceeding in which visitation of a child is being sought by a natural19
parent, if the child was conceived through the commission of a felony rape, the20
natural parent who committed the felony rape shall be denied visitation rights and21
contact with the child.22
B. In a proceeding in which visitation of a child is being sought by a relative23
by blood or affinity family member, if the court determines, by a preponderance of24
the evidence, that the intentional criminal conduct of the relative family member25
resulted in the death of the parent of the child, the relative family member shall be26
denied visitation rights and contact with the child.27
Section 2. R.S. 9:344(D) is hereby amended and reenacted to read as follows:28
ยง344. Visitation rights of grandparents and siblings29
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
D. If the parents of a minor child or children of the marriage have lived1
apart are legally separated or living apart for a period of six months, in2
extraordinary circumstances, the grandparents or siblings of the child or children3
may have reasonable visitation rights to the child or children during his their4
minority, if the court in its discretion finds find that such visitation rights would be5
in the best interest of the child or children. In determining the best interest of the6
child the court shall consider the same factors contained in Civil Code Article7
136(D). Extraordinary circumstances shall include a determination by a court8
that a parent is abusing a controlled dangerous substance.9
Section 3. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: