Child Custody

How does domestic violence impact child custody and visitation in California?

Published on: June 28, 2024 | by Bay Area Family Law Center

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 ›

Product of Divorce: One Divorce Lawyer’s Experience with Amicably Divorced Parents

Published on: December 20, 2023 | by Bay Area Family Law Center

I am a divorce lawyer, and also a product of divorce. I was fortunate enough that it was low-drama, and my childhood was not shaped by the fact that my parents were no longer together. Their amicable divorce helped inspire me to pursue this career, because I want to be able to do my part to help my clients achieve the same result, when it is possible.

When I was 15 years old, my parents informed me that they were going to split up. My dad was moving out to a nearby apartment complex in Pleasant Hill, that was actually a few minutes closer to my high school. My mom was staying in the house. My parents’ marriage had been wrought with some turmoil, but I always felt like they had “gotten through it” and so it would be smooth sailing for the rest of their lives. After they announced their split, I was shocked at first, but quickly grew accustomed to it.

My parents never put pressure on me to spend equal time with both of them, because my dad would make efforts to come to the house and hang out with my mom and I. He would frequently come over for dinner, and would be at all of my swim meets, water polo games, and other school events. One of my dad’s favorite things to do was to come over and mow the lawn at our house, and I would see him out there every Sunday without fail. Some of our neighbors did not even know that my parents had split. I would usually spend one full week out of the month with him at his apartment, but it was never compulsory- it was always based around my needs and my schedule.

California Court Discusses Grounds for Sanction in Custody Actions

Published on: October 29, 2023 | by Bay Area Family Law Center

The California courts generally find that it is in a child’s best interest to maintain a relationship with both parents. As such, if one parent attempts to obstruct the other parent’s right to custody or visitation in opposition to applicable court orders, it can have serious consequences. As illustrated in a recent California ruling issued in a custody case, if a court finds that a parent unreasonably interferes with their co-parent’s custody rights, they may go so far as to reduce their custody rights and impose sanctions on them. If you have questions about what measures you can take to protect your custody or visitation rights, it is wise to meet with a Bay Area child custody attorney promptly.

Facts of the Case and Procedural History

Allegedly, the father filed a paternity and custody action in Ohio, while two months later, the mother filed a custody petition in California. Both parents sought to dismiss the Ohio case and transfer jurisdiction to California. The California court temporarily stayed the case pending the Ohio court’s jurisdiction decision. The Ohio court then determined California was the child’s home state, allowing the father to withdraw the Ohio case voluntarily. The mother subsequently attempted to dismiss her California petition, but the court declined her request, and she filed a request for dismissal a few days later.

California Court Discusses Domestic Violence in the Context of Custody Cases

Published on: June 30, 2023 | by Bay Area Family Law Center

When handling custody matters, the primary consideration of the California courts is what is best for the child that is the subject of the dispute. This includes assessing whether either parent has committed acts of domestic violence, as the law presumes that awarding custody rights to a party who perpetrated such acts would be harmful to the child. Recently, a California custody case shed light on what evidence is required to rebut the presumption. If you are involved in a custody dispute, it is advisable to consult with a Bay Area child custody attorney who can guide you through the steps necessary to protect your interests.

Factual Background

It is reported that the father filed an action to establish parentage for two children born when he was romantically involved with the mother. In January 2018, a stipulated judgment was entered, awarding both parents joint physical and legal custody. However, within a year, both parents sought to modify the stipulated judgment.

Allegedly, the mother subsequently filed a request for order asking the court to set aside the judgment on the grounds that the father had bullied her into signing it. Meanwhile, the father sought a domestic violence restraining order, asserting that the mother had previously carried out acts of domestic violence against him. Following a trial, the court set forth a domestic violence restraining order against the mother. The court also held that both parties had partaken in acts of domestic violence but had successfully rebutted the presumption under Section 3044 of the Family Code. The father filed an appeal. Continue Reading ›

How California Courts Handle False Allegations in Child Custody Cases

Published on: June 29, 2022 | by Bay Area Family Law Center

Family law cases can be extremely contentious, and it is not uncommon for parties to go to great lengths to persuade the courts to rule in their favor. While it is permissible for people to engage in any lawful tactic to convince the courts to see things in their light, if they set forth false allegations or lie to the courts in custody cases, it will generally negatively impact their case. If false allegations were levied against you in a custody dispute and you have questions regarding your rights, it is critical to speak to a trusted California child custody attorney as soon as possible.

False Allegations in California Child Custody Cases

The California courts take allegations of abuse, neglect, or any other behavior that may place a child at risk very seriously. As such, if a party makes such claims in a child custody case, they will thoroughly investigate their veracity. Regardless of the severity of the allegations, it is important that anyone wrongfully accused of inappropriate or harmful behavior dispute the allegations. If they do not, it may impair their parental rights and open the gate for additional inaccurate assertions. Additionally, if false allegations are not promptly refuted, it may be difficult to prove they are untrue at a later date.

Penalties for Making False Allegations

Family Code 3027.1 sets forth the penalties for making false allegations. Specifically, section 3027.1 provides that if a court finds, based on an investigation or other evidence offered to it, that a person involved in a child custody case made false accusations of child neglect or abuse and that they knew the allegations were untrue at the time they made them, the court may impose monetary sanctions on the party. The amount of the sanctions cannot exceed the costs and attorney’s fees incurred by the accused party in defending the allegations. Notably, sanctions may be levied against any individual that makes false allegations, including a party, the party’s attorney, or a witness in the case. Continue Reading ›

California Court Discusses Domestic Violence in Custody Cases

Published on: February 28, 2022 | by Bay Area Family Law Center

In California, the main concern of the courts in any child custody proceeding is what is in the child’s best interest. This means, among other things, that the court will assess whether one or both parents have a history of engaging in domestic violence. If they do, the court will assume that it will not benefit the child to live with the parent. The presumption is rebuttable, though, as discussed in a ruling recently issued by a California court. If you are faced with a custody dispute and have concerns about domestic violence, it is prudent to meet with a California child custody lawyer to discuss your options.

Factual and Procedural Background of the Case

It is alleged that the wife and the husband married and then had two minor children together. The wife subsequently filed a lawsuit requesting a divorce. Concurrently, she filed a petition for a DVRO (domestic violence restraining order) against the husband in a separate case. The DVRO petition was dismissed, however, due to her failure to serve the petition on the husband. The trial court then granted a divorce by default and awarded the wife sole custody of the minor children.

It is reported that the wife then moved to Utah with the children, after which the husband filed a motion to set aside the default on the grounds that he was unaware of the divorce action. The wife then filed a request for a DVRO in a court in Utah and offered evidence that the husband engaged in years of abuse against her. The Utah court granted the wife’s request and issued a temporary DVRO, while at the same time, the California court granted the husband’s motion to set aside the default and granted him joint custody. As such, the wife appealed. Continue Reading ›

Issues Divorced Parents Helping Children with Online Learning Encounter

Published on: December 21, 2021 | by Bay Area Family Law Center

The COVID-19 pandemic has caused numerous changes in most aspects of everyday life, including how children attend school. As many schools throughout the Bay Area transitioned to online learning at the beginning of the pandemic, many parents struggled to juggle helping their children learn, performing their job duties, and handling the stress caused by the pandemic. While many parents found the shift to remote school to be challenging, divorced parents faced additional difficulties and were left wondering how they could help their children with online learning. If you have questions regarding online learning in joint custody situations specifically or child custody in general, it is smart to speak to a knowledgeable California child custody lawyer to evaluate your options.

Modifying Custody Arrangements to Assist with Learning

Many divorced parents who share custody of a child find themselves in a situation where one parent is able to sit at home and monitor the child’s learning while the other parent is not. In some instances, a parent’s new spouse may be able to assist the child. In such instances, the parents may wish to enter into a verbal agreement where the at-home parent has physical custody of the child during the weekdays for the purpose of assisting the child with school.

While it may be tempting to enter into such agreements, it can have unintended implications for each parent’s custody rights. When parents disregard their child custody or visitation orders to allow one parent greater access to the child, it can harm the other parent’s custody rights. This is especially true if the parent with increased access subsequently requests a custody modification. As such, it is smart for anyone who is considering entering into such a verbal agreement with their co-parent with regard to schooling to contact a family law attorney. Continue Reading ›

Recognizing the Signs of Child Abuse

Published on: November 30, 2021 | by Bay Area Family Law Center

While most parents want the best for their children and strive to provide them with safe and loving environments, others, unfortunately, engage in behavior that causes their children to suffer physical, emotional, and psychological trauma. When parents share custody of a child, they may not always be aware that their co-parent or someone in their household is mistreating their child. As such, it is critical for parents to increase their awareness of subtle indicators of harm so that they can recognize the signs of child abuse. If you believe your child is being harmed by your co-parent or a member of their family or household, it is in your best interest to consult a dedicated California domestic violence attorney to determine your options.

Recognizing the Signs of Child Abuse

Children who are being abused often present with signs of harm throughout their bodies. In other words, they may frequently have broken bones or cuts, scratches, or contusions on their bodies and faces. While many children sustain minor bruises or scrapes when they play, children that are being abused often suffer such bodily harm on a more frequent and extensive basis.

Children who are subject to abuse often become withdrawn as well, which is sadly usually attributed to “moodiness” rather than a symptom of harm. They may also become anxious or angry and may lash out at people other than their abusers. Many victims of child abuse suddenly begin performing poorly in school or lose interest in activities they previously enjoyed. Continue Reading ›

Child Custody and Abiding by COVID Restrictions in California

Published on: February 10, 2021 | by Bay Area Family Law Center

California courts tasked with determining custody of a child will set forth an order that they feel is in the child’s best interest. The courts weigh numerous factors to determine what is best for a child, including the health of each parent, the likelihood of either parent to help maintain and foster the child’s relationship with the co-parent, and whether the child has special needs.

One factor that was not likely to be considered, though, is how a global pandemic would impact custody and visitation. As such, many parents find themselves questioning how they can safely maintain their custody and visitation rights while abiding by COVID-19 restrictions. If you share custody of a child and need legal advice on how to protect your parental rights and your child’s and your health, it is advisable to confer with a knowledgeable California child custody attorney to discuss your case.

The Impact of California’s COVID-19 Orders on Child Custody Orders

California’s Governor has issued multiple orders since March 2020 to protect the public health of Californians and reduce the spread of the COVID-19 virus, including stay at home orders. These orders do not permit parents to discard the terms of child custody or visitation orders, though. Rather, parents must continue to comply with such orders. Continue Reading ›

California Court Discusses Evidence Weighed in a Child Custody Appeal

Published on: January 6, 2021 | by Bay Area Family Law Center

Generally, if a couple with children decides to divorce, and they are unable to come to an agreement regarding custody, they will ask the court to evaluate the evidence and issue a ruling. Parties that believe a custody ruling to be erroneous or unjust can file an appeal, but they generally must demonstrate a clear error to obtain a reversal. Recently, a California court issued an opinion describing how appellate courts evaluate custody rulings in a case in which the mother filed an appeal following an award of joint custody. If you are embroiled in a custody dispute, it is important to speak with a trusted California child custody attorney to evaluate your options.

The Trial Court Ruling

It is alleged that the husband and the wife were married in 2001 and had a son in 2007. They separated in 2013, and the husband filed for divorce three years later. During the litigation of their case, the mother had custody of the son sixty percent of the time while the father enjoyed custody forty percent of the time, but there was no formal arrangement. In the final order dissolving the marriage, the court ordered the arrangement to remain in place until a custody evaluation could be conducted. Following the evaluation, the court ordered the parents joint custody, with equal time with the child. The mother then appealed, arguing the court abused its discretion in issuing the order.

Evidence Weighed in an Appeal of an order Dictating Child Custody

An appellate court tasked with reviewing a custody order will examine it for an abuse of discretion and apply the substantial evidence standard to the trial court’s findings of fact. In custody cases, a court will abuse its discretion if it issues an order despite no reasonable basis that the edicts in the order are in the best interest of the child. A court can also abuse its discretion by making wrong legal assumptions or applying improper criteria. Finally, a trial court can abuse its discretion by failing to maintain impartiality, issuing a decision not based on the evidence presented, or failing to use its reasoned judgment.