There’s no question that domestic violence is serious, but unfortunately accusations are sometimes used to gain the upper hand when a couple is divorcing. This is why judges don’t just accept an accusation of domestic violence and rather require proof. If an accusation is made, first the judge will determine if there’s evidence to support it. If the judge decides that the accusation is true, then there are specific rules that govern how child custody is affected.
There are several ways for domestic violence to come into play
As mentioned above, if any court determines that a parent is guilty of domestic violence – against either the child or the other parent – then they will treat the case as a domestic violence case. They will also consider the child custody agreement as domestic violence case if one party was convicted of domestic violence in the past five years – even if it was against someone not involved in this particular custody battle.
Though there are exceptions to every rule, it’s generally true that if one parent has been shown to have committed domestic violence, they’re not going to get sole custody of their child, and they’re not going to get partial custody. It is possible that they can maintain visitation rights.
Exceptions to the rule
There are exceptions to this rule. In a few cases, a judge will give either joint or even sole custody to a parent guilty of domestic violence if the following are true:
- They can prove that it would be in the best interest of the child for them to have custody.
- They successfully complete a court-ordered substance abuse program.
- They are on probation / parole and are complying with the terms of such.
- They haven’t committed any new acts of violence against the person they were convicted of abusing.
- They’ve completed a full 52 weeks of a batterer program.
- They’ve completed any parenting courses required by the courts.
- They’re following any restraining orders against them.
No matter what side you’re on, whether you want to keep your child away from an abusive parent, or you’ve made mistakes in the past and want another chance with your child, Kendall Gkikas & Mitchell is here for you.
Learn more about how custody laws apply to you in California
If you’re in the middle of a custody battle, then you need an expert on your side. At Kendall Gkikas & Mitchell, we have the experience to assess your situation and give you realistic options for moving forward. We are not here to sugarcoat anything for you but we will fight tirelessly for your rights. To learn more about how the custody laws apply to your specific case, call us today at 909-482-1422.
