Important Changes to Child Custody Laws Regarding Evaluations and Parent Courses at the Election of the Court:
The last legislative session produced a number of changes in this area of the law. These changes could affect your case or future case when it comes to child custody determinations. It is important that you confer with knowledgeable legal counsel so that you can explore the ins and outs of these new changes in the law, to assist your case.
Changes to Child Custody Laws:
La. R.S. 9:331. Custody or visitation proceeding; evaluation by licensed mental health professional
A. The court may order an evaluation of a party or the child in a custody or visitation proceeding for good cause shown. The evaluation shall be made by a licensed mental health professional selected by the parties or by the court. The court may render judgment for costs of the evaluation, or any part thereof, against any party or parties, as it may consider equitable.
B. The court may order a party or the child to submit to and cooperate in the evaluation, testing, or interview by the licensed mental health professional. The licensed mental health professional shall provide the court and the parties with a written report. The licensed mental health professional shall serve as the witness of the court, subject to cross-examination by a party.
C. “Licensed mental health professional” as used in this Chapter means a person who possesses at least a master’s degree and who is licensed in counseling, social work, psychology, marriage and family counseling, or exempt from licensing requirements pursuant to R.S. 37:1113 and 1121.
D. When a licensed mental health professional has been appointed by the court, there shall be no ex parte communication by the litigants or their attorneys with the licensed mental health professional unless authorized by law or court order or agreed to by the parties. All oral communication with the licensed mental health professional shall be by teleconference or meeting in which each party to the proceeding participates either through the party’s attorney or as a self-represented litigant. All written communication or correspondence to the licensed mental health professional, along with any attachments thereto, shall be provided contemporaneously to all parties to the litigation or their attorneys of record. Communications initiated by the licensed mental health professional with a litigant for the purpose of conducting the court-ordered evaluation shall not be considered ex parte communications prohibited by this Subsection.
La. R.S. 9:331.2. Custody and visitation proceeding; parenting education programs
A. Upon the motion of any party, or on its own motion, the court may for good cause shown or upon agreement of the parties require the parties in a custody or visitation proceeding to attend and complete a court-approved program designed to educate and inform the parties of the needs of the children. The court may render judgment for the costs of the program, or any part thereof, against any party or parties as it may consider equitable. The instructor shall not be called as a witness in the custody or visitation proceeding without prior court approval.
B. If the court chooses to require participation in such a program, it shall adopt rules to accomplish the goals of Subsection A of this Section, which rules shall include but not be limited to the following:
(1) Criteria for evaluating a program provider and its instructor.
(2) Criteria to assure selected programs provide and incorporate into the provider’s fee structure the cost of services to indigents.
(3) The amount of time a participant must take part in the program, which shall be a minimum of three hours.
(4) The time within which a party must complete the program.
C. For purposes of this Section, “instructor” means any psychiatrist, psychologist, professional counselor, social worker licensed under state law, or in any parish other than Orleans, means a person working with a court-approved, evidence-based nonprofit program, or a court-approved nonprofit program of an accredited university created for educating parents. All instructors must have received advanced training in instructing co-parenting or similar programs.
D. The program shall focus on the developmental needs of children, with emphasis on fostering the child’s emotional health. The program shall be informative and supportive and shall direct people desiring additional information or help to appropriate resources. The course content shall contain but not be limited to the following subjects:
(1) The developmental stages of childhood, the needs of children at different ages, and age appropriate expectations of children.
(2) Stress indicators in children adjusting to divorce, the grief process, and avoiding delinquency.
(3) The possible enduring emotional effects of divorce on the child.
(4) Changing parental and marital roles.
(5) Recommendations with respect to visitation designed to enhance the child’s relationship with both parents.
(6) Financial obligations of child rearing.
(7) Conflict management and dispute resolution.
E. Nonviolent acts or communications made during the program, which are otherwise relevant to the subject matter of a divorce, custody, or visitation proceeding, are confidential, not subject to disclosure, and may not be used as evidence in favor of or against a participant in the pending proceeding. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented or otherwise made during the program.
Louisiana Custody Attorneys:
We are a Gretna law firm that has served the New Orleans area since 1980 in all matters related to family law including custody issues. Our experienced team can get you over this stressful hurdle and fight for the results and resolutions you want. We take pride in offering a personal and trusted experience. Call us today for a free consultation and find out why so many of our clients come back to us.
