Custody

If the other parent sexually abused you, your children, or another household member, it’s possible that the abusive parent can only get supervised visitation if s/he requests visitation in court. Specifically, a sexually abusive parent would only be eligible for supervised visitation in any situation in which a judge finds “clear and convincing evidence” that:

1. the parent 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, step-children, or a household member but s/he “willingly permitted” it to happen.²

Before the supervised visitation begins, however, the parent must prove at a court hearing that s/he successfully completed a treatment program designed for sexual abusers. 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 sexual abuse in the future, either by personally committing the abuse or by “willingly permitting” someone else to do it; and
• 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.²

^{1 ​}LA R.S. §§ 9:341(B); 14:403(A)(4)(b)
^{2 ​}LA R.S. § 9:341(B)