Custody

In Louisiana, the judge will assume that any parent should not be awarded sole or joint custody if s/he:

1. subjected any of his/her children, step-children, or any household member to sexual abuse, which is defined as committing any of the following:
   • rape;
   • first degree rape;
   • second degree rape;
   • third degree rape;
   • sexual battery;
   • second degree sexual battery;
   • oral sexual battery;
   • female genital mutilation;
   • human trafficking;
   • trafficking of children for sexual purposes;
   • felony carnal knowledge of a juvenile (statutory rape);
   • indecent behavior with juveniles;
   • pornography involving juveniles;
   • molestation of a juvenile or a person with a physical or mental disability;
   • enticing persons into prostitution;
   • crime against nature;
   • aggravated crime against nature;¹ or
2. the parent had the ability to prevent another person from committing sexual abuse against his/her children or step-children but s/he “willingly permitted” it to happen.²

However, the sexually abusive parent may be able to convince the judge that s/he should get custody if the abusive parent can prove all of the following:

1. the parent has successfully completed a treatment program designed for sexual abusers after the last instance of abuse;
2. the parent is not abusing drugs or alcohol; and
3. the parent’s participation as a custodial parent is required for the child’s best interest because:
   • the non-abusive parent is:
     • absent;
     • mentally ill;
     • abusing drugs; or
   • there are other circumstances that negatively affect the child.³

If your child was conceived as a result of rape, see If my child was conceived as a result of rape, can the offender get any rights to my child? for more information.

^{1 ​}LA R.S. §§ 9:364(A); 14:403(A)(4)(b)
^{2 ​}LA R.S. § 9:364(A)
³ LA R.S. § 9:364(B)