8.3.3 Problems Attributable to the Abuse

The PSFVRA prohibits courts from denying custody to the parent subjected to abuse because of problems attributable to the abuse.1  This provision is key because many survivors are dealing with problems attributable to the abuse while litigating custody. Abusive former partners attempt to frame the problems they cause as parenting deficits in the abused parent and weaponize those problems during custody disputes. One common example is mental health issues such as depression and anxiety in the parent subjected to abuse. Other examples include financial, employment, and housing instability created or exacerbated by the violent parent’s abusive and controlling conduct or the exigent circumstances of the separation.

• 1La. R.S. 9:364(C).