Louisiana Revised Statutes 9:364 – Child custody; visitation
Terms Used In Louisiana Revised Statutes 9:364
- Abused parent: means the parent who has not committed family violence. See Louisiana Revised Statutes 9:362
- Court: means any district court, juvenile court, or family court having jurisdiction over the parents and/or child at issue. See Louisiana Revised Statutes 9:362
- Court-monitored domestic abuse intervention program: means a program, comprised of a minimum of twenty-six in-person sessions, that follows a model designed specifically for perpetrators of domestic abuse. See Louisiana Revised Statutes 9:362
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Family violence: includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. See Louisiana Revised Statutes 9:362
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Sexual abuse: includes but is not limited to acts which are prohibited by Louisiana Revised Statutes 9:362
A. There is created a presumption that no parent who has a history of perpetrating family violence, as defined in La. Rev. Stat. 9:362, or domestic abuse, as defined in La. Rev. Stat. 46:2132, or has subjected any of his or her children, stepchildren, or any household member, as defined in La. Rev. Stat. 46:2132, to sexual abuse, as defined in La. Rev. Stat. 14:403, or has willingly permitted another to abuse any of his children or stepchildren, despite having the ability to prevent the abuse, shall be awarded sole or joint custody of children. The court may find a history of perpetrating family violence if the court finds that one incident of family violence has resulted in serious bodily injury or the court finds more than one incident of family violence.
B. The presumption shall be overcome only if the court finds all of the following by a preponderance of the evidence:
(1) The perpetrating parent has successfully completed a court-monitored domestic abuse intervention program as defined in La. Rev. Stat. 9:362, or a treatment program designed for sexual abusers, after the last instance of abuse.
(2) The perpetrating parent is not abusing alcohol or using illegal substances scheduled in La. Rev. Stat. 40:964.
(3) The best interest of the child or children, considering the factors listed in Civil Code Article 134, requires the perpetrating parent’s participation as a custodial parent because of the other parent’s absence, mental illness, substance abuse, or other circumstance negatively affecting the child or children.
C. The fact that the abused parent suffers from the effects of the abuse shall not be grounds for denying that parent custody.
D. If the court finds that both parents have a history of perpetrating family violence, custody shall be awarded solely to the parent who is less likely to continue to perpetrate family violence. In such a case, the court shall mandate completion of a court-monitored domestic abuse intervention program by the custodial parent. If necessary to protect the welfare of the child, custody may be awarded to a suitable third person pursuant to Civil Code Article 133, provided that the person would not allow access to a violent parent except as ordered by the court.
E. If the court finds that a parent has a history of perpetrating family violence, the court shall allow only supervised child visitation with that parent pursuant to La. Rev. Stat. 9:341.
F. If any court finds, by clear and convincing evidence, that a parent has sexually abused his or her child or children, the court shall prohibit all visitation and contact between the abusive parent and the children pursuant to La. Rev. Stat. 9:341.
Acts 1992, No. 1091, §1; Acts 1995, No. 888, §1; Acts 2014, No. 194, §1; Acts 2018, No. 412, §2, eff. May 23, 2018.