4.12 Additional Louisiana Custody Laws

You should have a working knowledge of other custody related statutes:

La. C.C. art. 135 provides for custody hearings to be closed to the public at the court’s discretion.

La. R.S. 9:351 provides access to a parent of a minor child’s medical, dental, and school records regardless of the custodial status of the parent.

La. R.S. 9:359, the Military Parent and Child Custody Protection Act, prohibits any final order modifying custody or visitation order until 90 days after the termination of deployment, allows a service member to testify by affidavit or electronic means, and provides for other matters.

La. R.S. 9:291 allows suits between spouses for support and custody without a divorce being filed. Parties need to be living separate and apart. A custody order issued prior to a divorce would be void if the parties reconciled.1

La. R.S. 9:341 provides for restricted visitation for a parent where the parent has been guilty of physical abuse or sexual abuse or exploitation or has permitted such abuse/exploitation.

La. R.S. 9:342 provides for the posting of a bond to secure compliance with a visitation order on motion of a party or on the court’s own motion.

La. R.S. 9:343 provides a procedure for the issuance of a civil warrant directing law enforcement to return a child to a custodial parent when the non-custodial parent retains the child in violation of an existing custody/visitation order.

La. R.S. 9:345 provides for the appointment of an attorney to represent a minor child in custody/visitation proceedings. Such appointment may be made by motion of the court, parent, any party, or the child. The statute also sets forth those factors which the court should consider in determining if such an appointment serves the best interest of the child.

La. R.S. 9:346 provides an action for failure to exercise or allow visitation, custody, or time rights pursuant to a court ordered schedule. La. R.S. 13:4611(1)(d)–(e) address punishment for contempt of court.

In contested custody cases where there is protracted discovery, motions, evidentiary issues, or a convoluted set of facts and issues, it may be essential to move for a “Pre-Trial and Scheduling Conference Order” pursuant to your Court’s Local Rule or La. C.C.P. art. 1551. This allows you to eliminate many of the grey areas and to address discovery material and other issues before the trial. It also gives you an opportunity to educate the court as well as to narrow down the issues in the case.

• 1See Dooley v. Dooley, 443 So. 2d 630 (La. App. 3 Cir. 1983).