In Francis v. Francis, 2011-CW-2116 (La. App. 1st Cir. 6/13/2012), the Court of Appeal denied grandparents visitation with their daughter’s children. The grandparents had filed a pleading seeking visitation in the divorce proceedings between their daughter and the children’s father. The Court interpreted La. Civ. Code Art. 136 to mean that only grandparents who had unsuccessfully sought the custody of their grandchildren could assert a right to visit with them. Since the grandparents had not sought custody, only visitation, they had no right of action under Art. 136.