In California, it is presumed that it is not in the child’s best interest for you to have sole or joint physical or legal custody if you have been the perpetrator of domestic violence. This presumption is rebuttable, meaning if you can show that it would be in the child’s best interest for you to have custody even though you have a domestic violence conviction, the court may allow you to have custody.
The court will look to the surrounding circumstances to see if it would be in the best interest of the child for you to have custody including the following:
- You have successfully completed a batterer’s treatment program
- You have completed a parenting class
- Whether you are on probation or parole
- Whether you have any restraining orders against you (See Family Code 3044)
If you are facing a family law matter it is important that you contact an experienced family law attorney. The attorneys at Wallin & Klarich have over 30 years of experience defending those accused of domestic violence and representing clients faced with child custody matters. Call us today at 1-888-749-7428 or visit us online at
www.wkfamilylaw.com. We will be there when you call.
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