The best interest factors enumerated in La. C.C. art 134 do not apply once a finding of family violence triggers application of the PSFVRA.1 The “best interest” standard is not operative in a family violence case except in two specific situations. One situation in which the standard may be operative occurs after the parent with a history of family violence or domestic abuse has satisfied the requirements to request unsupervised visitation under La. R.S. 9:341(A). In order to obtain unsupervised visitation, that parent must show that unsupervised visits would be in the child’s best interest and would not cause physical, emotional, or psychological damage to the child. The second situation arises when the parent with a history of family violence or domestic abuse is seeking to overcome the custodial presumption and has already proven successful completion of a court-monitored domestic abuse intervention program, that he is not abusing alcohol or using illegal substances, and that the other parent’s absence, mental illness, substance abuse or similar issue relating to unfitness requires the abusive parent’s participation as a custodial parent.2
- 1La. C.C. art. 134(B).
- 2La. R.S. 9:364(B). For discussion on the necessity that the “best interest” factors in this situation must relate specifically to the custodial parent’s fitness, see Section 8.3.2. For discussion of this three-part test in a modification case, see Section 8.9.2.