Divorce Lawyer: Handling Child Custody and Child Abuse

In Louisiana, child abuse is a very serious matter.  Evidence of child abuse can come up in a child custody dispute.  When making a child custody determination, the court considers the best interest of the child.  If there is conclusive evidence that the child has been abused by a parent, then a divorce lawyer will probably work so that parent will not be awarded custody.

While courts permit reasonable discipline, a court will not tolerate a child being battered.  All too often it is common for a spouse to urge what is in their best interest.  For example, a parent may state he is emotionally unstable when the child is not around.  It is only when the child is near, that the spouse feels stable.  Such an argument does not support the child’s best interest, and a divorce lawyer would likely note this.  

In child custody cases, a parent will prevent a child from visiting the other parent contrary to a court’s custody arrangement.  When this takes place, the grievant party’s divorce lawyer can move the court to find his or spouse in contempt of court.

Contempt of court is a very serious matter.  In Louisiana, there are two categories of contempt.   First there is direct contempt.  Direct contempt of court is contempt committed in the immediate sphere of the court of which it is personally aware.  So for example, if a judge orders a plaintiff to sit down and he refuses to do so, the court can hold him in direct contempt.  The other type of contempt is constructive contempt.  Constructive contempt is simply every other contempt that is not direct contempt.  So for example, if a plaintiff does not comply with a court order, then the court can find him in constructive contempt.  If a parent does not bring his child to visit the other parent simply because he does not like her, then the court will likely find him in contempt and enforce the order.

Child abuse can be a justifiable defense to not complying with a court ordered visitation arrangement.  Let’s jump into a hypothetical fact pattern that may come across the desk of a divorce lawyer.  Big Henry and Mild Matilda end their marriage.  Mild Matilda is the domiciliary parent with Big Henry getting visitation.  For three years, their arrangement has been going smoothly.  After returning from Big Henry’s house, the children were bruised and battered.  They told their mother that they get beaten for no apparent reason.  In this case, Mild Matilda would be justified in not complying with the visitation requirement since Big Henry is physically abusing the children.  Big Henry’s motion to hold Mild Matilda in contempt would likely fail.

Let’s assume all of the same facts except the children are not getting beaten up.  In fact, they are thriving with their father.  Mild Matilda is jealous of this so she refuses to bring her children to see their father.  A divorce lawyer could find that Mild Matilda would not be justified in failing to comply with a court order. Why?  Because she is catering to her own needs and not the children’s needs.  Big Henry’s divorce lawyer would mostly likely succeed in his motion to hold Mild Matilda in Contempt of Court.  It is very important to check up on your children after they return from a visitation.  The court will want to make sure that the current arrangement is still serving the best interest of the child.  A court ordered arrangement can be changed if it no longer serves the best interest of the child.

Thanks for stopping in, but please be aware that this article is only for informational purposes.  If you need legal advice, contact an attorney in your area.  Will Beaumont is an attorney in New Orleans, La.