Custody

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)