June 21 . 1 min read
Domestic violence is one of the most serious factors California family courts consider when determining child custody arrangements. When a parent has been accused or found to have committed domestic violence, it can significantly impact their custody rights, and rightly so. California law prioritizes the safety and well-being of children above all else, and judges must consider any history of abuse when crafting parenting plans.
At Feak & Revelo, LLP, our San Jose family law attorneys help parents navigate the complex intersection of domestic violence and custody law. Whether you’re seeking to protect your child from a harmful situation or defending your parental rights in the face of allegations, it’s critical to understand how California courts approach these sensitive matters.
California’s Legal Presumption Against Custody for Abusers
California Family Code § 3044 creates a rebuttable presumption that a parent who has committed domestic violence within the past five years should not be awarded sole or joint physical or legal custody of a child. This means the court will assume, for the child’s protection, that giving custody to that parent is not in the child’s best interest—unless that parent can prove otherwise.
Domestic violence doesn’t have to be physical to trigger this presumption.
It can include:
- Emotional or psychological abuse.
- Coercive control or threats.
- Destruction of property.
- Sexual assault.
- Harassment or stalking.
If the court finds that domestic violence occurred, the burden shifts to the accused parent to demonstrate that awarding custody would still be safe and appropriate.
How Domestic Violence Is Proven in Custody Cases
Evidence of domestic violence can come in many forms. Sometimes, it’s based on criminal convictions or restraining orders. Other times, the court considers testimony, police reports, witness accounts, and documentation from therapists or social workers.
Feak & Revelo, LLP works closely with clients to:
- Gather and present credible evidence of abuse.
- Respond to or defend against accusations when appropriate.
- Navigate the legal and emotional challenges that arise during custody litigation involving domestic violence.
Courts are especially cautious when children may have witnessed abuse or been exposed to an unsafe home environment. Even if the child wasn’t physically harmed, the psychological impact is taken seriously.
Can An Abusive Parent Ever Regain Custody Rights?
A parent found to have committed domestic violence must overcome the court’s presumption by showing they have taken meaningful steps to rehabilitate and ensure the child’s safety.
This often includes:
- Completing a batterer’s intervention program.
- Participating in counseling or parenting classes.
- Obeying court orders, including restraining orders.
- Demonstrating that they have not committed further acts of violence.
Ultimately, the court will only modify custody if doing so is clearly in the child’s best interest and poses no risk to their safety.
Protecting Your Family with Experienced Legal Guidance
At Feak & Revelo, LLP, we understand how high the stakes are when domestic violence affects custody. Whether you need protection from an abusive co-parent or are working to preserve your relationship with your child under challenging circumstances, our experienced Santa Clara County family law attorneys are here to help.
Contact us today at (408) 501-8883 or online for a confidential consultation to discuss your rights, your child’s safety, and how we can support you through this process.
65 views
