Custody

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)