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La. Rev. Stat. § 9:364 (2026)

Child custody; visitation

✓ current as of May 2026
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§364. Child custody; visitation

           A. There is created a presumption that no parent who has a history of perpetrating family violence, as defined in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, or has subjected any of his or her children, stepchildren, or any household member, as defined in R.S. 46:2132, to sexual abuse, as defined in R.S. 14:403, or has willingly permitted another to abuse any of his children or stepchildren, despite having the ability to prevent the abuse, shall be awarded sole or joint custody of children. The court may find a history of perpetrating family violence if the court finds that one incident of family violence has resulted in serious bodily injury or the court finds more than one incident of family violence.

           B. The presumption shall be overcome only if the court finds all of the following by a preponderance of the evidence:

           (1) The perpetrating parent has successfully completed a court-monitored domestic abuse intervention program as defined in R.S. 9:362, or a treatment program designed for sexual abusers, after the last instance of abuse.

           (2) The perpetrating parent is not abusing alcohol or using illegal substances scheduled in R.S. 40:964.

           (3) The best interest of the child or children, considering the factors listed in Civil Code Article 134, requires the perpetrating parent's participation as a custodial parent because of the other parent's absence, mental illness, substance abuse, or other circumstance negatively affecting the child or children.

           C. The fact that the abused parent suffers from the effects of the abuse shall not be grounds for denying that parent custody.

           D. If the court finds that both parents have a history of perpetrating family violence, custody shall be awarded solely to the parent who is less likely to continue to perpetrate family violence. In such a case, the court shall mandate completion of a court-monitored domestic abuse intervention program by the custodial parent. If necessary to protect the welfare of the child, custody may be awarded to a suitable third person pursuant to Civil Code Article 133, provided that the person would not allow access to a violent parent except as ordered by the court.

           E. If the court finds that a parent has a history of perpetrating family violence, the court shall allow only supervised child visitation with that parent pursuant to R.S. 9:341.

           F. If any court finds, by clear and convincing evidence, that a parent has sexually abused his or her child or children, the court shall prohibit all visitation and contact between the abusive parent and the children pursuant to R.S. 9:341.

           Acts 1992, No. 1091, §1; Acts 1995, No. 888, §1; Acts 2014, No. 194, §1, eff. August 1, 2014; Acts 2018, No. 412, §2, eff. May 23, 2018.

Notes of Decisions
Cited in 71 cases (17 in the last 5 years), 1993–2026 · leading case: State in Interest of AC, 643 So. 2d 719 (La. 1994).
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State in Interest of AC, 643 So. 2d 719 (La. 1994). · cites it 50× “R.S. 9:364(C), "If the court finds that a parent has a history of family violence, the court shall only allow supervised child visitation with that parent, conditioned upon that parent's participation in and completion of a treatment program.”
Michelli v. Michelli, 655 So. 2d 1342 (La. Ct. App. 1995). · cites it 7× “The trial court committed reversible error in failing to apply R.S. 9:364(C) once it found sporadic acts of family violence had occurred.”
Simmons v. Simmons, 649 So. 2d 799 (La. Ct. App. 1995). · cites it 7× “She complains that the trial court refused to apply the adverse presumption, enunciated by LSA-R.S. 9:364(A), concerning any parent with a history of perpetrating family violence.”
Folse v. Folse, 738 So. 2d 1040 (La. 1999). · cites it 4× “Through the PSFVRA, therefore, the Legislature has expressed its determination that the best interests of the child would best be served by suspending the abusive parent's visitation pending that parent's completion of the program designed to inhibit further abuse.”
Smith v. Tierney, 906 So. 2d 586 (La. Ct. App. 2005). · cites it 3× “Smith, II, that would limit his custody and visitation rights according to LSA-R.S. 9:364. DISCUSSION Assignments of Error Numbers One and Two [2] The best interest of the child is the guiding principle in all custody litigation.”
Lewis v. Lewis, 771 So. 2d 856 (La. Ct. App. 2000). · cites it 6× “R.S. 9:364 state: B. If the court finds that both parents have a history of perpetrating family violence, custody shall be awarded solely to the parent who is less likely to continue to perpetrate family violence.”
McFall v. Armstrong, 75 So. 3d 30 (La. Ct. App. 2011). · cites it 3× “2 According to the LSA-R.S. 9:364 under the “Post-Separation Family Violence Relief Act,” A.”
Melancon v. Russell, 258 So. 3d 955 (La. Ct. App. 2018). · cites it 4× “R.S. 9:364 of the PSFVRA, when Elizabeth did not specifically plead for relief under this Act in her Answer and Reconventional Demand.”
Hicks v. Hicks, 733 So. 2d 1261 (La. Ct. App. 1999). · cites it 3× “R.S. 9:364, we reverse the award of joint custody to both parents, assigning residency during the school year to Mr.”
State, Dep't of Soc. Servs., Off. of Cmty. Servs. ex rel. A.D., 628 So. 2d 1288 (La. Ct. App. 1993). · cites it 6× “rns the State’s insistence that in child abuse cases the law in this state requires that courts deny parents visitation *1290 with their children whom they have sexually abused until the court finds that the parent “has successfully completed a treatment program designed for…”
In re the Marriage of Caven, 966 P.2d 1247 (Wash. 1998). “La. Rev. Stat. Ann. § 9:364, subd. A. Mo.”
Raney v. Wren, 722 So. 2d 54 (La. Ct. App. 1998). · cites it 2× “Raney contends that she is entitled to the statutory presumption created in LSA-R.S. 9:364 A. [1] Mrs. Raney further alleged that she signed the original consent judgment only because of Mr.”
Show all 71 citing cases →
La. Rev. Stat. § 9:364(2): 1 case
Narquis Barak v. Antoine Michele Saacks, III (La. Ct. App. 2022).
La. Rev. Stat. § 9:364(A): 22 cases
Simmons v. Simmons, 649 So. 2d 799 (La. Ct. App. 1995). “She complains that the trial court refused to apply the adverse presumption, enunciated by LSA-R.S. 9:364(A), concerning any parent with a history of perpetrating family violence.”
Opinions of the Justices, 427 Mass. 1201 (Mass. 1998).
Hicks v. Hicks, 733 So. 2d 1261 (La. Ct. App. 1999). “R.S. 9:364, we reverse the award of joint custody to both parents, assigning residency during the school year to Mr.”
Melancon v. Russell, 258 So. 3d 955 (La. Ct. App. 2018). “R.S. 9:364 of the PSFVRA, when Elizabeth did not specifically plead for relief under this Act in her Answer and Reconventional Demand.”
Smith v. Smith, 16 So. 3d 643 (La. Ct. App. 2009).
La. Rev. Stat. § 9:364(B): 4 cases
Lewis v. Lewis, 771 So. 2d 856 (La. Ct. App. 2000). “R.S. 9:364 state: B. If the court finds that both parents have a history of perpetrating family violence, custody shall be awarded solely to the parent who is less likely to continue to perpetrate family violence.”
Morrison v. Morrison, 699 So. 2d 1124 (La. Ct. App. 1997).
Reanda Pierre Versus Paris Phillip Pierre (La. Ct. App. 2024).
Kyle Durand v. Kandy Rose (La. Ct. App. 2022).
La. Rev. Stat. § 9:364(B)(1): 1 case
Reanda Pierre Versus Paris Phillip Pierre (La. Ct. App. 2024).
La. Rev. Stat. § 9:364(B)(2): 1 case
Reanda Pierre Versus Paris Phillip Pierre (La. Ct. App. 2024).
La. Rev. Stat. § 9:364(B)(3): 1 case
Reanda Pierre Versus Paris Phillip Pierre (La. Ct. App. 2024).
La. Rev. Stat. § 9:364(C): 10 cases
Michelli v. Michelli, 655 So. 2d 1342 (La. Ct. App. 1995). “The trial court committed reversible error in failing to apply R.S. 9:364(C) once it found sporadic acts of family violence had occurred.”
State in Interest of AC, 643 So. 2d 719 (La. 1994). “R.S. 9:364(C), "If the court finds that a parent has a history of family violence, the court shall only allow supervised child visitation with that parent, conditioned upon that parent's participation in and completion of a treatment program.”
Melancon v. Russell, 258 So. 3d 955 (La. Ct. App. 2018). “R.S. 9:364 of the PSFVRA, when Elizabeth did not specifically plead for relief under this Act in her Answer and Reconventional Demand.”
Lewis v. Lewis, 771 So. 2d 856 (La. Ct. App. 2000). “R.S. 9:364 state: B. If the court finds that both parents have a history of perpetrating family violence, custody shall be awarded solely to the parent who is less likely to continue to perpetrate family violence.”
Evans v. Terrell, 665 So. 2d 648 (La. Ct. App. 1995).
La. Rev. Stat. § 9:364(D): 10 cases
State in Interest of AC, 643 So. 2d 719 (La. 1994). “R.S. 9:364(C), "If the court finds that a parent has a history of family violence, the court shall only allow supervised child visitation with that parent, conditioned upon that parent's participation in and completion of a treatment program.”
Folse v. Folse, 738 So. 2d 1040 (La. 1999). “Through the PSFVRA, therefore, the Legislature has expressed its determination that the best interests of the child would best be served by suspending the abusive parent's visitation pending that parent's completion of the program designed to inhibit further abuse.”
Cannon v. Cannon, 280 S.W.3d 79 (Mo. 2009).
G.S. v. T.S., 900 So. 2d 1088 (La. Ct. App. 2005).
C.L.S. v. G.J.S., 953 So. 2d 1025 (La. Ct. App. 2007).
La. Rev. Stat. § 9:364(E): 4 cases
Kyle Durand v. Kandy Rose (La. Ct. App. 2022).
Laurie Marshall Versus Travis Thurman (La. Ct. App. 2025).
Reanda Pierre Versus Paris Phillip Pierre (La. Ct. App. 2024).
Narquis Barak v. Antoine Michele Saacks, III (La. Ct. App. 2022).
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