Reform of Family Courts Will Bring Overdue Change

New Orleans, LA. For many in Louisiana, justice in family court, where countless personal and emotional battles unfold, is elusive, especially for victims of abuse as there are various pathways for a malicious parent to potentially weaponize the judicial process. But help is on the way starting August 1, with HB236 taking effect.

Authored by the Louisiana State Law Institute (LSLI) and sponsored by Rep. Dixon McMakin, R, Baton Rouge, HB236, incorporated with provisions from HB787, focuses on evidence in child custody cases.

This legislation requires a petitioning parent to show “good cause” to initiate child custody proceedings and clearly states that a family court judge is not required to order a child custody evaluation. If ordered, only a licensed professional adhering to the Association of Family and Conciliation Courts' guidelines can conduct the evaluation and their report findings must be “grounded in the methods and procedures of science.” And most significantly, a child custody report should not be given more weight than any other form of evidence.

The "best interest of the child" standard was created with noble intentions but has become an umbrella for family court judges to exercise unchecked discretion, often at the expense of the very children it aims to protect. This standard permits judges to bypass the strict scrutiny requirements that safeguard the constitutional right to parent, while simultaneously denying an aggrieved parent the opportunity to seek justice in higher courts. The entrenched deference afforded to family court judges coupled with the vast discretion associated with the best interest of the child standard often results in higher courts upholding lower court rulings, regardless of probable misjudgments and unjust outcomes, leaving parents without a viable path forward.

The commitment of the Louisiana Legislature to uphold constitutional principles, protect the parent-child bond, and prevent abuse disguised as parental conflict is a shining example of public service at its best. This legislative victory is not just a win for disheartened parents; it represents a transformative shift towards fairness and integrity in the judicial process.

Learn more about the Institute for Child Custody Advocacy at childcustodyadvocacy.org.

Note: A shortened version was published in The Advocate.

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