How Domestic Violence Allegations Affect Juvenile Dependency and Custody
Summary: This page covers How Does a Domestic Violence Charge Affect Child Custody?, What Constitutes Domestic Violence?, What Types of Child Custody Can Be Impacted By Domestic Violence?.
In California, a domestic violence charge affects child custody in many different ways. If one parent has a domestic violence conviction or accusation, the court must take this information into account as it tries to decide custody. Child Protective Services (CPS) and the juvenile dependency court are legally responsible for ensuring the child’s welfare is protected. Because of this, the judge must act with caution and demonstrate a clear rationale if they decide to place the child with the accused parent.
Whether you are the accused parent or the accuser, navigating domestic violence allegations in a juvenile dependency case can be challenging. By reaching out to expert juvenile dependency counsel in California, you can learn more about the best steps for your case.
How Does a Domestic Violence Charge Affect Child Custody?
The way a domestic violence charge affects child custody can vary based on whether it is a conviction or an allegation.
The Impact of a Domestic Violence Conviction on Custody
When a parent has been convicted of a domestic violence incident that happened in the last five years, Family Code 3044 applies. Under this rule, the judge has a decision-making process based on eight factors that must be used to determine custody.
It’s also important to note that this decision-making method is used if a judge decides that domestic violence was committed. Commonly, this occurs when a restraining order is granted by a judge.
The Impact of Domestic Violence Allegations on Custody
Alternatively, one parent can accuse the other parent of domestic violence in the case. This is done through Form MC-030. In this circumstance, the judge must carefully determine what is in the best interest of the child. If they decide to give the accused parent custody, they must clearly justify why they chose to do so.
With both allegations and violent convictions, the court is dealing with rebuttable presumptions. Under Family Code 3044, it is assumed that sole or joint custody would be detrimental to a child if the parent committed domestic violence. Because of this, a parent in a domestic violence and juvenile dependency case has the burden of proving that having custody wouldn’t be harmful to the child.
What Constitutes Domestic Violence?
While many people think of domestic violence as physical abuse, California law encompasses other forms of abuse as well. Any type of emotional, physical, or financial abuse is considered domestic violence. Additionally, domestic violence can occur online or offline.
With the help of child custody and juvenile dependency attorneys, you can determine what the impact of domestic violence will be on your case. An attorney can also discuss what to expect from the court process and the kinds of evidence that will be needed.
What Types of Child Custody Can Be Impacted By Domestic Violence?
When it comes to child custody, there are two key types of custody that parents have. Physical custody refers to who the child lives with most of the time. Meanwhile, legal custody involves the parent’s ability to determine the child’s medical care, education, and other important decisions.
The judge will determine the child’s physical and legal custody during the dependency case. Additionally, they can decide that a parent only has joint custody.
Ultimately, there are many potential outcomes in a domestic violence and child custody case. Besides changes to custody, the judge can decide to limit visitation rights or to require supervised visitation. If there is a restraining order involved, this can add an extra layer of complexity.
Discover What It Takes to Navigate a Juvenile Dependency Case
A domestic violence charge affects child custody in many different ways. Whether you are the person charged with domestic violence or the other parent, navigating this type of case can be challenging. By reaching out to a professional CPS lawyer, you can learn more about what to expect during the legal process. There are specific steps that must be taken when domestic violence is involved, and your attorney can guide you through the entire process.
If you need help dealing with your child dependency case, we can help. Give our legal team a call today to learn more.
