Louisiana § RS 9:364.1 - Visitation with incarcerated parent

Full text of Louisiana Louisiana Civil Code § RS 9:364.1 — Visitation with incarcerated parent, with citation guidance and answers to common questions.

§ RS 9:364.1. Visitation with incarcerated parent

A.  If the court authorizes visitation with an incarcerated parent, as part of such visitation order the court shall include restrictions, conditions, and safeguards as are necessary to protect the mental and physical health of the child and minimize the risk of harm to the child.

B.  A court considering the supervised visitation of a minor child with an incarcerated parent shall consider the best interest of the child, including but not limited to:

(1)  The length and quality of the prior relationship between the child and the parent.

(2)  Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the parent.

(3)  The preference of the child if he is determined to be of sufficient maturity to express a preference.

(4)  The willingness of the relative to encourage a close relationship between the child and his parent or parents, including the willingness of the child's custodial parent, caretaker, or legal guardian to voluntarily take the child to the incarcerated parent's place of incarceration for supervised visitation.

(5)  The mental and physical health of the child and the parent.

(6)  The length of time that the child lived with the parent prior to the parent's incarceration.

(7)  The desirability of maintaining the continuity of the relationship between the child and the incarcerated parent.

(8)  The costs of travel and other expenses incurred by visitation at the place of incarceration, and who will bear responsibility for such costs.

(9)  The effect upon the child of supervised visitation in the place of incarceration and the feasibility, if any, of alternative or additional use of technology for visitation pursuant to R.S. 9:357.

(10)  Other testimony or evidence as the court may consider applicable.

Acts 2014, No. 383, §1.

Source: official Louisiana text · Last verified 2026-08-27

Frequently Asked Questions About Louisiana § RS 9:364.1

What does Louisiana Civil Code § RS 9:364.1 cover?

Section RS 9:364.1 ("Visitation with incarcerated parent") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 9:364.1?

A common citation format is "Louisiana Civil Code § RS 9:364.1" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 9:364.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.