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Domestic violence may lead to child custody modification

| May 13, 2016 | Child Custody |

It is possible for parents in Louisiana to walk away from their divorce satisfied with the outcomes reached. With regard to child custody, this could mean working out a joint custody or sole custody with a liberal visitation arrangement. Yet, despite how comfortable an individual may be with such an arrangement, the situation can quickly change, leaving a parent concerned for his or her child’s safety while in the care of the other parent.

In these instances, it might be necessary to take the matter to court to find relief. Under Louisiana law, for example, a court can prohibit parental visitation with a child if the court finds, by a preponderance of the evidence that the child has been physically or sexually or abused.

Additionally, domestic violence in the home could lead a court to believe that the child’s presence in the home does not protect the best interests of the child. The same holds true for drug use, unsuitable financial circumstances and certain medical issues. If any of these issues threaten a child’s safety and well-being, then a child custody or visitation modification may be necessary.

As many Louisianans know, child custody matters can be aggressively contested, especially when one parent seeks to restrict the rights of another parent. Therefore, those who wish to seek a modification of custody or visitation should be sure to fully and thoroughly prepare their legal arguments so that they can be clearly and convincingly presented to the court. Those who wish to acquire assistance with this process have the option to contact a local family law attorney.

Source: Lasc.org, “Louisiana Domestic Abuse, Dating Violence, Stalking and Sexual Assault Laws,” accessed on May 6, 2016

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