May 1, 2013 By Paul Wallin

A Wallin & Klarich domestic violence attorney can help you gain physical custody of your children by guiding you through the complex child custody process. The court will categorize your custody case as a domestic violence matter if you committed an act of domestic violence against the other party or children in the past five years.

Child Custody in Domestic Violence Cases

California Domestic Violence Attorney
A domestic violence attorney can help you when faced with a serious charge of domestic violence.

Under Family Code section 3044, when a child custody case involves domestic violence, the court follows special rules to determine physical custody of the children. More specifically, there is a presumption that the party who committed the act of domestic violence should not have physical custody of their children.

However, this legal presumption can be overcome. Custody can be awarded to you even if you committed an act of domestic violence when:

• It is in the best interests of your children;
• You have completed a 52-week batterer’s program;
• You have not committed any other acts of domestic violence; AND
• You have complied with all other orders of the court.

It is therefore crucial that you hire an experienced domestic violence attorney in order to secure the custody arrangement that is best for you and your children.

Factors to Determine the Best Interest of the Child

After going over the facts of your case, your Wallin & Klarich domestic violence attorney will build a strong case tailored to why it is in the best interest of your children for you to have physical custody over the children. The factors the court will take into account to determine the best interest of your children include the following:

• Whether the acts of domestic violence committed were directed at the children and/or had a negative impact on them;
• Whether you pose a risk to the safety of your spouse or children;
• The severity of the instances of domestic violence; and
• The frequency of the acts of domestic violence.

Visitation Rights

In addition to your child custody case, your Wallin & Klarich attorney can assist you on matters related to visitation rights. In domestic violence cases, visitation issues can be difficult and complicated. The guiding principle for the court is safety. If granting visitation rights to you would pose a danger to your spouse or children, the court has the option to limit your visitation rights. A few of the court’s options include:

• Denying your visitation rights;
• Limiting your rights to supervised visitation; and
• Denying or limiting your overnight visitation rights.

Be sure to contact a Wallin & Klarich attorney to learn more about what your options are for child custody and visitation issues.

Domestic Violence Attorney for Child Custody Matters

If you have been accused of domestic violence and seek physical custody of your children, you will need a skilled Wallin & Klarich domestic violence lawyer to vigorously fight for your rights in court. At Wallin & Klarich, we have successfully helped people dealing with child custody and domestic violence issues for over 30 years. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at (888) 749-7428 or fill out our client intake form online. We will be there when you call.

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