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Legal Information: Louisiana

Custody

Laws current as of November 18, 2025

What is Louisiana’s definition of family violence?

Family violence is committed by the other parent against you or any of the children in the family. Louisiana law defines family violence to include, but not be limited to, the following acts:

  • physical abuse;
  • sexual abuse; and
  • any offense listed in the Criminal Code of Louisiana, except negligent injuring and defamation.1

Family violence does not include reasonable acts of self-defense if you are trying to protect yourself or your child from the other parent.1

A “history of family violence” can be:

  • multiple incidents of family violence; or 
  • a single incident of family violence that caused serious physical injury.2

1 La. Rev. Stat. § 9:362(4)
2 La. Rev. Stat. § 9:364(A)

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What is Louisiana’s definition of domestic abuse?

Domestic abuse is committed by one family member, household member, or dating partner against another. Louisiana law defines domestic abuse to include, but not be limited to, the following acts:

1 La. Rev. Stat. § 46:2132(3)

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What is Louisiana’s definition of sexual abuse?

In Louisiana, sexual abuse for the purpose of a custody case is defined as committing any of the following crimes:

1 La. Rev. Stat. §§ 9:341(B); 14:403(A)(4)(b)

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Can a parent who committed family violence or domestic abuse get custody in Louisiana?

Louisiana judges will assume that any parent who has a history of family violence or domestic abuse should not be awarded sole or joint custody.1 However, the abusive parent will have a chance to convince the judge that they should get custody anyway. To succeed, the abusive parent must prove all of the following things:

  1. they have successfully completed a court-monitored domestic abuse intervention program or a treatment program for sexual abusers;
  2. the program was completed after the most recent incident of abuse;
  3. the parent is not abusing drugs or alcohol; and
  4. it’s in your child’s best interests for the other parent to be a custodial parent because:
    • you are:
      • absent;
      • mentally ill;
      • abusing drugs; or
    • there are other circumstances that negatively affect your child.2

To learn how the judge will decide what’s in your child’s best interests, go to How will a judge make a decision about custody?

If you and the other parent both have a history of family violence, the judge will grant sole custody to the parent who is less likely to commit family violence in the future. The less-violent parent must complete a court-monitored domestic abuse intervention program. However, if the judge believes that neither parent can provide a safe home, they may grant custody to a non-parent instead. The non-parent cannot allow the child to see a violent parent unless the judge orders contact.3

If your child was conceived as a result of rape, see If my child was conceived because of a sexual crime, does the offender have any rights to my child? for more information.

Note: It’s important to know that the judge may also assume that you should not be awarded sole or joint custody if you voluntarily allowed another person to abuse your children or stepchildren when you could have stopped it. If you are in this situation, you can present evidence to convince the judge that you should still be given custody.1

1 La. Rev. Stat. § 9:364(A)
2 La. Rev. Stat. § 9:364(B)
3 La. Rev. Stat. § 9:364(D)

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

An abusive parent might only be able to get supervised visitation. The judge can order supervised visitation if they believe that the abusive parent:

  1. has a history of family violence against any household member;
  2. subjected any of their children or step-children to family violence or domestic abuse; or
  3. had the ability to prevent another person from committing family violence or domestic abuse against their children or step-children, but they voluntarily allowed (willingly permitted) it to happen.1

If the abusive parent wants the visits to be unsupervised, they must prove that:

  • since the most recent incident of domestic or family abuse, they have successfully completed a court-monitored domestic abuse intervention program;
  • visitation would be in the best interest of the child; and
  • visitation would not cause physical, emotional, or psychological damage to your child.1

The judge will decide whether or not to allow visits in the future. If visits are allowed, the judge will also decide whether any restrictions or safeguards are needed to keep your child safe. This might mean keeping the visits supervised. To make this decision, the judge will consider:

  • evidence of the abusive parent’s current mental health condition;
  • the possibility that the abusive parent will abuse their children, step-children, or another household member in the future; and
  • the possibility that the abusive parent would voluntarily allow another person to abuse any of their children or step-children, even if they could prevent it.1

1 La. Rev. Stat. § 9:341(A)

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Can a parent who is sexually abusive get custody in Louisiana?

The judge will assume that a parent should not get sole or joint custody if they:

  1. sexually abused any of their children, their step-children, or another household member; or
  2. could have stopped another person from sexually abusing their children or step-children but they voluntarily allowed (willingly permitted) it to happen.1

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

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

If your child was conceived as a result of rape, see If my child was conceived because of a sexual crime, does the offender have any rights to my child? for more information.

1 ​La. Rev. Stat. § 9:364(A)
2 La. Rev. Stat. § 9:364(B)

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Can a parent who sexually abused a child get visitation in Louisiana?

The judge may limit a sexually abusive parent’s contact with your children if you can show the judge “clear and convincing evidence” that they:

  1. sexually abused any of their children, their step-children, or another household member; or
  2. could have stopped another person from sexually abusing their children, their step-children, or another household member, but they “willingly permitted” it to happen.1

However, the sexually abusive parent can take steps to change the judge’s mind. They must prove at a court hearing that:

  1. they have successfully completed a treatment program designed for sexual abusers;
  2. visitation would be in the best interest of the child; and
  3. visitation would not cause physical, emotional, or psychological damage to the child.1

Then, the judge will decide whether or not to grant visitation by considering:

  • evidence of the sexually abusive parent’s current mental health condition; and
  • the possibility that they will repeat their abuse in the future.

If the judge decides to allow visits, they can also put rules or safeguards in place to protect your child. This may include ordering supervised visitation.1

1 ​ La. Rev. Stat. § 9:341(B)

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If my child was conceived because of a sexual crime, does the offender have any rights to my child?

If your child was conceived through a “sex offense” as defined in section 15:541(subsection 24) of Louisiana law, the parent who committed the offense cannot get any visitation rights or contact with your child.1

You may also be able to legally end (terminate) the offender’s parental rights. As the victim of the sex offense, you have the right to file for this in court yourself. If the petition for termination is successful, the offender will lose all of their rights to custody, visitation, and contact with your child. However, your child will still keep their right to inherit from the offender.2

If you successfully terminate the offender’s rights, they will have to pay for all of the court costs.3

1 La. Civ. Code Art. 137(A)
2 La. Child. Code Art. 1004.1; 1015.1
3 La. Child. Code Art. 1004.1

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