Louisiana Senate Bill SB291

Louisiana 2018 Regular Session

• Introduced: 3/1/18
• Refer: 3/1/18
• Refer: 3/12/18
• Report Pass: 3/26/18
• Engrossed: 4/3/18
• Refer: 4/4/18
• Report Pass: 4/24/18
• Enrolled: 5/18/18
• Chaptered: 5/23/18
• Passed: 5/23/18

Caption

Provides relative to family violence and domestic abuse as factors to consider in determining visitation and custody. (gov sig)

Impact

By amending existing statutes related to child custody and visitation, SB291 significantly alters how courts evaluate cases involving family violence. It mandates that any history of abuse must be taken into consideration during custody negotiations and emphasizes the necessity of court-monitored domestic violence intervention programs as a prerequisite for regaining visitation rights. Consequently, this bill aims to foster a safer environment for children by limiting contact with potentially harmful parents unless legal conditions are met.

Summary

Senate Bill 291 addresses custody and visitation rights concerning parents who have a history of family violence or domestic abuse. The bill establishes that parents with a documented history of such behavior are presumed to be ineligible for custody or joint custody of their children. Instead, the courts must prioritize the safety and well-being of the child, placing strict conditions on visitation rights for abusive parents. It requires that any visitation granted to an abusive parent must come with evidence proving that it would not result in physical or emotional harm to the child.

Sentiment

The sentiment surrounding SB291 appears to be predominantly positive among advocates for children's rights and domestic abuse survivors, who see it as a crucial step forward in protecting children from parental harm. Proponents argue that the bill reflects a growing understanding of the complexities surrounding domestic abuse and child safety. Meanwhile, skepticism exists among some groups who worry about the implications of such stringent regulations potentially undermining parental rights in non-abusive situations.

Contention

Notable points of contention surrounding SB291 focus on the balance between protecting children and ensuring the rights of parents. Critics argue that the presumptions embedded in the bill might lead to unfair outcomes for non-abusive parents or those who have made efforts to rehabilitate. The bill has sparked discussions about how to best evaluate and validate claims of abuse while still granting fair treatment to all parties involved in custody disputes.