Why does father with history of DV have any custody rights? (Lafayette, Louisiana)

Why does a father with this kind of criminal record have any custodial rights at all? Mom should not be forced to run to protect these kids. She should have got sole custody automatically.

Dad is identified as HUBERT GAUTIER.

http://theadvocate.com/news/police/12730144-123/authorities-searching-for-lafayette-woman

Arrest warrant issued for Lafayette woman accused of disappearing with three children in custody dispute 

by lanie lee cook| June 28, 2015

An arrest warrant has been issued for a Lafayette woman accused of violating a joint custody agreement with her ex-husband and disappearing with their three children, authorities said Wednesday.

Katelyn Cheree Stewart Gauthier, 30, is wanted on three counts of interfering with the custody of a child and one count of obstruction of a court order, the Lafayette Parish Sheriff’s Office said.

Gauthier left home Sunday with the children, ages 5, 6 and 11, and has not been heard from since that time, the Sheriff’s Office reported Wednesday. David Glenn Gauthier, 11, has brown hair, hazel eyes, stands 4-feet 8-inches tall and weighs 90 pounds; Samantha Claire Gauthier, 6, has blonde hair and hazel eyes and weighs 50 pounds; and Emily Gabrielle Gauthier, 5, has brown hair and eyes and weighs 60 pounds.

Deputies are seeking the public’s help in locating the woman and children.

Along with photos of the mother and three children, the Sheriff’s Office has released a photo of the car she was last seen driving, a late model, dark grey Toyota Camry with the license plate number XOA416.

Along with a day-long visit for Father’s Day, Gauthier was supposed to relinquish custody of the children to their father, Hubert Gauthier, 36, of Lafayette, on Monday, court records show.

The divorced couple agreed in May to joint custody. They had been embroiled in a bitter, three-year-long dispute following their petitions for divorce, with each accusing the other of violent behavior, court records show.

Hubert Gauthier pleaded no contest in 2014 to domestic abuse battery and aggravated assault for grabbing his then-wife by the throat, pushing her onto the bed and threatening her by chasing her with a handgun, court records show. The incident happened in May 2012, days before each filed for divorce.

Hubert Gauthier was sentenced to five months in jail, with all but 48 hours suspended; one year of supervised probation; eight, 8-hour days of community service; a domestic violence program and a $300 fine.

Katelyn Gauthier has no criminal record in Lafayette Parish.