Custody

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)