Family code 3011 sets forth that if a party seeking custody has perpetrated domestic violence against the other party seeking custody or against the child's siblings in the last 5 years, there is a rebuttable presumption that awarding sole or joint custody to the perpetrator is detrimental to the child's best interest. This presumption may be rebutted only by a preponderance of the evidence considering the following factors: 1) the perpetrator demonstrates that an award of joint custody is in the child's best interest; 2) whether perpetrator has completed a batterer's treatment program or substance abuse program; 3) whether perpetrator is on parole or probation and has complied with its terms and conditions; & 4) whether perpetrator has committed any further acts of domestic violence.
With these criteria set forth above, if you need help protecting your child from the other parent who is the perpetrator of domestic violence or if you have had a history of domestic violence, but have learned from your poor choices and need help re-kindling the relationship with your child, contact Covina child custody attorney Paul Eads today.