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Legal Information: Louisiana

Custody

Updated: 
April 8, 2020

Can a parent who committed family violence or domestic abuse get visitation?

If the other parent was abusive to you, your children, or to another household member, it’s possible that the abusive parent can only get supervised visitation. Specifically, an abusive parent would only be eligible for supervised visitation in any situation in which:

  1. the parent has a “history of family violence” (as defined by law) against any household member;
  2. the parent subjected any of his/her children or step-children to family violence (as defined by law) or domestic abuse (as defined by law); or
  3. the parent had the ability to prevent another person from committing family violence or domestic abuse against his/her children or step-children but s/he “willingly permitted” it to happen.1

The parent cannot get the supervised visitation, however, until s/he proves at a court hearing that s/he successfully completed a court-monitored domestic abuse intervention program since the last incident of domestic violence or family abuse. At the hearing, the judge will also consider the following when deciding whether or not to grant supervised visitation:

  • evidence of the abusive parent’s current mental health condition;
  • the possibility that the abusive parent will again subject his/her children, step-children, or other household member to family violence or domestic abuse;
  • the possibility that the abusive parent would “willingly permit” such abuse to any of his/her children or step-children despite having the ability to prevent it;
  • whether the abusive parent proved that:
    • visitation would be in the best interest of the child; and
    • visitation would not cause physical, emotional, or psychological damage to the child.1

1 LA R.S. 9:341(A)