Bay Area Family Law Center Lawyer Blog
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.
In cases where the presumption against custody cannot be rebutted, the court may order supervised visitation or impose other safeguards to ensure the child’s safety during visitation with the offending parent. Supervised visitation typically involves visits that occur under the supervision of a professional or a trusted third party who ensures the child’s physical and emotional safety throughout the visit.
Furthermore, even if custody or visitation rights are granted to a parent with a history of domestic violence, the court may still impose conditions to protect the child. These conditions could include requiring the offending parent to attend anger management classes, undergo drug or alcohol testing, or participate in counseling. The ultimate goal is to prioritize the safety and well-being of the child above all else, while also considering the rights of both parents to maintain a relationship with their child under safe and appropriate circumstances.
Overall, California’s approach to domestic violence in the context of child custody and visitation is focused on ensuring that children are shielded from potential harm, even if it means limiting or supervising the interaction between the child and a parent with a history of domestic violence.
Confer with a Trusted California Child Custody Attorney
If you have questions about domestic violence in the context of disputes over child custody, it is smart to confer with an attorney as soon as possible. The trusted California child custody attorneys of Bay Area Family Law Center can field your concerns and help you to pursue a result that protects your parental rights and your child. You can reach us through our online form or by calling us at 925-258-2020 to arrange a meeting.
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