December 27, 2012 By Paul Wallin

During this past summer, a court concluded that a father’s inclination to sexually abuse his daughter does not put his son at risk for sexual abuse. The court came to this conclusion based on the fact that in other like cases, there has been no scientific authority or empirical evidence presented to the court that would sustain the finding that a person who sexually abuses a female child is likely to also abuse a male child. The court’s conclusion has stirred up a lot of questions as to whether the court was correct in its decision and as to what is in the best interest of the boy.

When determining what is in the “best interest” of the child, the court must follow Family Code § 3011.  This section states that among the many factors the court shall consider include the history of abuse by one parent against any child to whom the parent is related by blood or with whom the parent has had a care-taking relationship, no matter how temporary. Based upon this code section, do you believe a court should grant custody of the boy to the father? It is important to understand that the history of abuse is only one factor that the court takes in consideration.

If you have a child custody matter that involves sexual abuse of a child, it is important that you retain an experienced child custody lawyer. Wallin & Klarich has experienced child custody attorneys who can help you today. Call us today at 888-749-7428 or fill out our contact form and one of our attorneys will call or email you. Our Los Angeles child custody attorneys, Riverside, San Bernardino, San Diego and Orange County child custody lawyers, are able to be there for you wherever you happen to live. We will be there when you call.

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