Parents will typically go out of their way to ensure that their children feel safe and secure. Family law disputes can often become contentious, though, and it is unfortunately not uncommon for parents arguing over child custody to engage in actions that constitute domestic violence. If you share custody of your child and you have concerns about your parental rights or the protection of your child, it is wise to contact a Bay Area child support lawyer to determine your options. In the meantime, you can read on to learn more about how domestic violence impacts child custody and visitation in California.
How does domestic violence impact child custody and visitation in California?
In California, the impact of domestic violence on child custody and visitation is addressed under the state’s family law statutes, particularly California Family Code Section 3044. This section establishes a strong presumption against granting custody to a parent who has been found to have committed domestic violence against the other parent, their child, or the child’s siblings within the past five years. This presumption reflects the legal principle that exposure to domestic violence can be detrimental to a child’s physical and emotional well-being.
When domestic violence is alleged or proven, the court must take specific actions to protect the child. This includes conducting a thorough examination of the facts surrounding the domestic violence incidents, considering factors such as the severity, frequency, and recency of the violence. The court will also assess any actions taken by the offending parent to address their behavior, such as completion of a batterer’s treatment program or counseling. These factors are crucial in determining whether the presumption against custody should be rebutted, meaning the offending parent must demonstrate by clear and convincing evidence that granting them custody is in the child’s best interest despite the domestic violence history. Continue Reading ›