In addition to restrictions on visitation in cases of family violence1 or when visitation is not in the best interest of the child, other statutes allow a court to deny visitation or order that it be supervised.
Under La. C.C. art. 137, if a child is conceived because of a felony rape, the parent committing the felony rape may not be awarded visitation. The Children’s Code goes further, authorizing termination of parental rights under these circumstances.2 If a parent has died at the hands of a relative by blood or affinity who acted intentionally and criminally, La. C.C. art. 137(B) specifically allows for denial of visitation to that relative. The burden of proof for the criminal misconduct is preponderance of evidence.3
La. R.S. 9:346 creates an action for failure to exercise or to allow visitation, custody, or time rights pursuant to a court ordered schedule; it also provides a cause of action to sue for interference with visitation.4 This is the legislature’s attempt to encourage the non-custodial parent to exercise visitation. Courts are also specifically authorized to find a parent in contempt for violation of a visitation order; they may impose a $500 fine and up to three months imprisonment.5 Courts may also require the custodial parent to allow “make up” time to replace the missed days due to a parent’s contemptuous denial of visitation and can also order parenting education classes.6
- 1For further discussion, see Section 5.8 of this chapter and Section 8 of the chapter on representing survivors of domestic violence.
- 2La. Ch.C. art. 1015(9).
- 3La. C.C. art. 137(B).
- 4This principle derives from La. C.C. art. 136.1 (“Neither parent shall interfere with the visitation, custody or time rights of the other unless good cause is shown.”).
- 5La. R.S. 13:4611(1)(d).
- 6La. R.S. 13:4611(1)(e).