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Blog Posts in April, 2016

  • Hesitant to Report Abuse Because You Fear Losing Custody

    I am concerned that if I attempt to report my suspicions of child abuse that I may lose custody due to the laws against false child abuse reporters. What can I do? No parent shall be placed on supervised visitation or have custody or visitation denied or limited because the parent made a report or took other lawful action based on a reasonable belief that the child was a victim of abuse (FC ...
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  • What To Do If You've Falsely Been Accused of Child Abuse

    The other parent has made a false allegation of child abuse to gain an unfair advantage in our court case. What do I do? False allegations of child abuse made in a child custody case can result in sanctions against the party, attorney, or witness according to FC 3027.1. In addition to the imposition of sanctions against the parent making the false allegations, the Court may severely limit or order ...
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  • If I Was Raped, Does the Father Have Rights to the Child?

    I was raped by the father of my child, does that parent have rights to custody and visitation with my child? Under Family code 3030, a parent whose child was conceived as the result of raping the other parent AND who was convicted of that crime shall not be granted custody. Keep in mind that a mere allegation of rape is not sufficient to deny custody to the other parent. There must be an actual ...
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  • How Do Registered Sex Offenders Effect Custody & Visitation Orders?

    Do registered sex offenders have rights to custody and visitation with their children in family court? The mere fact that a parent or someone that the parent lives with is a registered sexual offender is prima facie (concrete) evidence that the children are at significant risk and that unsupervised contact with the other parent is not what is best for the child. I have seen situations where a ...
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  • Do Allegations of Child Abuse Affect a Child Custody Order?

    Does the Court consider physical and sexual abuse committed by one parent towards the child in making custody orders? If these types of abuse allegations are made during a custody proceeding and the Court has concerns regarding the child's safety, the Court may deny or severely limit the visitation of the children with the alleged abuser. The Court may also refer the matter to the local child ...
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