Hicks v. Hicks

Teresa Hicks (plaintiff) and David Hicks (defendant) divorced with David named primary custodial parent during the school year and Teresa during summers, even though Teresa presented evidence, largely unrefuted by David, that he had struck her during pregnancy causing miscarriages, committed other violent acts, and forced her to have sex against her will on multiple occasions; Louisiana law presumes against awarding custody to a parent proven by a preponderance of the evidence to have committed domestic violence, unless that parent completes a treatment program. Despite this evidence, the trial court did not apply the presumption against David, and Teresa appealed.