Court of Appeals of Louisiana
733 So. 2d 1261 (1999)
Teresa Hicks (plaintiff) and David Hicks (defendant) were the divorced parents of three children. As part of the divorce decree, the court ordered that David would be the primary custodial parent during the school year, and Teresa would be the custodial parent during the summer. Louisiana has a state statute that presumes that a parent who has a history of committing domestic violence would not be granted sole or joint custody. Domestic violence must be shown by a preponderance of the evidence. The parent that has committed the domestic violence must show that he or she has successfully completed a treatment program. Teresa presented evidence that David had committed domestic violence, and David did not refute that he had hit her during pregnancy, which caused her to suffer miscarriages. David also admitted to having committed other violent acts and having forced Teresa to have sex with him against her wishes on multiple occasions. Despite this evidence, the trial court did not apply the presumption against David having custody. Teresa appealed.
Rule of Law
Holding and Reasoning (Woodard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.