1. A.

   1. 1. Pursuant to the provisions of this section, each and every grandparent of an unmarried minor child shall have reasonable rights of visitation to the child if the district court deems it to be in the best interest of the child. The right of visitation to any grandparent of an unmarried minor child shall be granted only so far as that right is authorized and provided by order of the district court.
   2. 2. Except as otherwise provided by paragraphs 5 and 6 of this subsection, if a child is born out of wedlock, the parents of the father of such child shall not have the right of visitation authorized by this section unless such father has been judicially determined to be the father of the child.
   3. 3. If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings shall not terminate any court-granted grandparental rights belonging to the parents of the deceased natural parent unless said termination of visitation rights is ordered by the court after opportunity to be heard, and the district court determines it to be in the best interest of the child.
   4. 4. Except as otherwise provided by paragraphs 5, 6 and 7 of this subsection, if the parental rights of one or both parents have been terminated, any person who is the parent of the person whose parental rights have been terminated may be given reasonable rights of visitation if the court determines that a previous grandparental relationship has existed between the grandparents and the child and the district court determines it to be in the best interest of the child.

   5. 5. If the child has been born out of wedlock and the parental rights of the father of the child have been terminated, the parents of the father of such child shall not have a right of visitation authorized by this section to such child unless:

      1. a. the father of such child has been judicially determined to be the father of the child,
      2. b. the court determines that a previous grandparental relationship existed between the grandparents and the child, and
      3. c. the court determines such visitation rights to be in the best interest of the child.

   6. 6. If the child is born out of wedlock and the parental rights of the mother of the child have been terminated, the parents of the mother of such child shall not have a right of visitation authorized by this section to such child unless:

      1. a. the court determines that a previous grandparental relationship existed between the grandparents and the child, and
      2. b. the court determines such visitation rights to be in the best interest of the child.

   7. 7. For the purposes of paragraphs 4, 5 and 6 of this section, the district court shall not grant to the grandparents of an unmarried minor child, visitation rights to that child:

      1. a. subsequent to the final order of adoption of the child, provided however, any subsequent adoption proceedings shall not terminate any prior court-granted grandparental visitation rights unless said termination of visitation rights is ordered by the court after opportunity to be heard and the district court determines it to be in the best interest of the child, or
      2. b. if the child had been placed for adoption prior to attaining six (6) months of age.

2. B. In determining the best interest of the minor child, the court shall consider:

   1. 1. The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents;
   2. 2. The length and quality of the prior relationship between the child and the grandparent or grandparents;
   3. 3. The preference of the child if the child is determined to be of sufficient maturity to express a preference;
   4. 4. The mental and physical health of the child;
   5. 5. The mental and physical health of the grandparent or grandparents; and
   6. 6. Such other factors as are necessary in the particular circumstances.
3. C. The district courts are vested with jurisdiction to issue orders granting grandparental visitation rights and enforce such visitation rights, upon the filing of a verified application for such visitation rights or enforcement thereof. Notice as ordered by the court shall be given to the person or parent having custody of said child and the venue of such action shall be in the county of the residence of such person or parent.
4. D. Any transportation costs or other costs arising from any visitation ordered pursuant to this section shall be paid by the grandparent or grandparents requesting such visitation.

R.L. 1910, § 4368; Amended by Laws 1971, SB 152, c. 82, § 1, emerg. eff. April 26, 1971; Amended by Laws 1975, HB 1260, c. 185, § 1, emerg. eff. May 23, 1975; Amended by Laws 1978, SB 600, c. 71, § 1; Amended by Laws 1981, SB 309, c. 273, § 1, eff. October 1, 1981; Amended by Laws 1984, HB 1313, c. 82, § 1, emerg. eff. April 4, 1984; Amended by Laws 1989, SB 245, c. 211, § 1, eff. November 1, 1989; Amended by Laws 1990, HB 1754, c. 206, § 1, emerg. eff. May 14, 1990; Amended by Laws 1996, HB 2975, c. 297, § 20, emerg. eff. June 10, 1996; Amended by Laws 1997, HB 2133, c. 389, § 19, eff. November 1, 1997 (superseded document available).